Going through the divorce process in Texas with children involved can be one of the most difficult seasons of a parent’s life. Because there are so many tough decisions involved, it’s often difficult to know exactly how issues like child custody and visitation should play out.
Unfortunately, splitting one household into two isn’t easy. So, what if the custody arrangement that you agreed to doesn’t end up working out and actually makes things more difficult for you and your kids?
You have the legal ability to modify a custody order at a later date. Let’s examine the reasons to modify custody order rulings in Texas so that you know your legal options.
The Most Common Reasons to Modify Custody Order Rulings
In Texas, you generally must wait one year to seek changes to primary custody. Also, courts typically frown on modification requests that are not backed by a substantial and material change in circumstances. However, there are valid reasons to modify a custody order that could serve your child’s best interests.
An experienced family law attorney can guide you through the process of submitting a formal request for modification. We can help you create a new custody schedule that protects your children and works for your family.
First, though, you need to understand the typical conditions that could legally qualify for a custody modification.
1. One Parent Relocates
Even with child support, it can be hard to afford a family home with just one income where there used to be two. Each parent must now support their own household with less money coming in than before. This could mean looking for new ways to earn income, possibly in another city or state.
Naturally, this change can affect the existing visitation schedule. If one parent wants to relocate, this move will likely require altering the custody arrangement.
Because the court’s main goal is to act in the best interests of children, this could mean keeping the child with the remaining custodial parent for longer stretches of time while allowing less frequent but longer visits with the relocating parent.
However, it could also mean allowing the custodial parent to move kids to a new place where they’ll enjoy a better standard of living or be closer to a family support network. Either way, custody modifications are often sought in such situations.
2. Cases of Parental Alienation, Abuse or Neglect
Divorce can be messy. Parents who can’t agree may harbor feelings of hurt, anger, and ill-will toward an ex-spouse. When one parent tries to turn a child against the other parent, it is known as parental alienation. This can have serious mental health implications.
Situations involving emotional, verbal, or physical abuse can be equally harmful to a child’s life. In both cases, the court could determine that one parent’s bad behavior has negatively affected the child. This finding could lead to reduced parenting time for the offending parent or even total removal from the household.
3. Failure to Follow Child Custody Arrangement or Effectively Co-Parent
Adapting to custody arrangements can be hard for everyone involved. But it’s best to try to stick to scheduled parenting time and make every effort to collaborate on parenting decisions for the benefit of children.
Failure to follow a custody order could result in a modification that’s unfavorable to the offending parent. Unfortunately, some adults have so much trouble getting along that legal action is required. In those cases, the courts may modify the arrangement to protect the child – whether parents like it or not.
4. Changes in Circumstance (Parent or Child)
Another common reason to modify custody is a change in circumstance that impairs one parent’s ability to provide for the child during their assigned time. For example, job loss could impact the non-custodial parent’s ability to care for or financially support their children.
Alternatively, a parent with limited custody due to anger or substance abuse issues might go through recovery and seek more parenting time. The needs of children may also change if they suffer from chronic illness or disability that requires more medical care than one parent can offer on their own. In these instances, a custody or support modification may be possible.
5. Preference of the Child
Sometimes, a judge will change custody orders based on the child’s preference as they grow older. For example, the custody arrangement may have been issued when the child was 10 years old. Now, the child is 13 and they want to have a say in the matter. In Texas, children over the age of 12 may be allowed to submit testimony to the court regarding which parent they prefer to live with.
The importance of preference could depend on the reason why a child prefers one household over another. If the child just wants to live with a more lenient parent than a stricter one, that’s typically not a good enough reason to modify the original order. However, if the constant back and forth between parents is affecting the child’s schooling or activities, there could be grounds for modification.
Find Legal Support to Modify a Custody Order
When a child custody order is created, it is meant to protect the best interests of the child. But, changing circumstances can impact the benefits of custody agreements over time. With so many potential reasons to modify custody order rulings, you should request a change if you feel you have a valid cause.
Our helpful attorneys at Parker & Aguilar are highly experienced in handling custody cases. We will listen to your situation, discuss your case, and provide you with sound legal representation if you decide to modify a child custody order.
We currently support parents in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with one of our local family lawyers about modifying a custody agreement.
We are here for you during this challenging time.