Child custody orders in Texas are designed to work in the best interests of a child. However, circumstances often change, families grow, and new situations emerge over time.
For example, a custody arrangement that’s appropriate for a child who has turned into a teenager may not be appropriate for an infant who has turned into a toddler. Or, one parent may have taken on a second job or experienced a significant change to their schedule, which may require the visitation terms to be modified.
Fortunately in Texas, requesting a modification to the original child custody order is normal when there has been a “significant and material change in circumstances.”
For families who live in Fort Bend County, Texas, it helps to have a local family law attorney on your side to make sure you handle the modification appropriately. Learn how to modify a child custody order and protect your parental rights.
Criteria for Requesting a Modification of a Child Custody Order
For your request to modify a child custody order to be successful, you must show the court there has been a major change in the “material conditions” related to the child’s circumstances, the parents’ situation, or both.
According to Texas law, some examples of material changes can include:
- The child is older and wants to have a say in their living arrangement.
- A parent is getting remarried.
- The child is being mistreated by someone in the home.
- There is a change in the child’s home, or one parent has relocated.
- One parent is no longer able to exercise custody of the child.
All of these circumstances must constitute a major change in the environment that does not serve the best interests of the child. However, the court will not review small or temporary changes that do not rise to the level of a material change.
How the Child’s Best Interests Are Considered
Now that you know more about modifying a child custody order in Fort Bend County, you might be wondering how the courts determine what’s in the best interests of the child. When making a determination of whether to modify the original order, the judge will primarily consider these two factors:
- The child’s wishes: If the child is of a certain age to have a say in the matter, the court may consider their desires. However, what the child wants and what is determined to be in their best interests may sometimes differ.
- The schedules and abilities of the parents: If one parent is emotionally, psychologically, or physically unable to take care of the child, the courts must consider this factor. The judge must also consider material changes to schedule changes that affect visitation and the quality of care provided to the child.
The courts must also consider which parent is more capable of caring for the child’s emotional, physical, and financial needs moving forward. So, the parent requesting a modification of an existing custody order must either prove that he or she is better able to care for the child or show the court that the other parent is unable to.
The burden of proof will always be on the parent requesting the modification to show that giving him or her greater responsibility would be in the child’s best interests. For example, suppose one parent wants to revoke a joint managing conservatorship from the other parent (who he or she believes is unfit) and argues for sole possession. In that case, this person must have strong evidence to request a modification and receive a favorable ruling from the judge.
Steps to Request a Modification of the Child Custody Order
Does your situation fit the criteria for requesting a modification? If you have experienced a material change since the original order was created, then you should follow the appropriate steps to modify the custody order.
Here’s how to modify a child custody order in Fort Bend County:
- Validate a substantial change in circumstances. Before filing for a modification, you should gather as much evidence as possible to capture a substantial change in circumstances since the last custody order was issued. This could include changes in employment, relocation, changes in the child’s needs, or other significant events.
- Consult with an attorney. We highly recommend consulting with a family law attorney at Parker & Aguilar who can provide guidance tailored to your situation. One of our local attorneys in Fort Bend County can help you understand the law in Texas and ensure that your rights and interests are protected throughout the process.
- Prepare the modification petition. You will need to prepare a petition to modify the parent-child relationship. This document should detail why you are pursuing a modification and why a modification is in the best interest of the child. We can help you prepare this form.
- File the petition. You will file your petition with the district clerk in Fort Bend County. You will need to pay a filing fee unless you qualify for a fee waiver.
- Serve the other parent. The other parent must be formally notified of your petition. This is typically done through a process server, who delivers the documents to the other parent. If you are on good terms with the other parent, you can have this waived.
- Attend a hearing. Depending on your situation, the court may require mediation before a hearing is scheduled. If mediation fails to resolve the issue, a court hearing will be necessary where both parties can present their evidence and arguments.
- Present your evidence. During a court hearing, we will help you present your evidence and arguments for why the custody order should be modified. You may be asked to provide witness testimony, financial records, communication logs, and other relevant documents.
- Obtain a court order. If the presiding judge agrees that a modification is in the best interests of the child, the court will issue a new custody order. Make sure to obtain official copies of this order for your records.
- Follow the new order. Once the new order is issued, you will want to follow the terms outlined. We will help you understand exactly what is expected of you.
- Enforce the order. In some cases, the new order may not be well-received by the other parent. For example, the other parent may not like the new parenting plan or experience a reduction in parent time. If you notice the other person is not complying with the terms of the new order, we will work with you to enforce the order.
Remember, child custody laws can be complex, and the process can be emotionally taxing. Legal assistance can help ensure the process goes smoothly and that your and your child’s interests are considered.
How to Modify a Child Custody Order with Our Help
If you want more information about how to modify a child custody order in Fort Bend County, we recommend speaking with one of our seasoned attorneys. We will help you gather the evidence you need to make your case before the judge.
As local attorneys who serve clients in Fort Bend, we understand the ins and outs of the legal process in our county. You will want to have a strong advocate in your corner who is ready to defend your parental rights.
If you live in Fort Bend County, contact our Sugar Land office at 281-944-5485 to discuss a child custody modification. Let’s review your case so that you understand your options.