Everyone’s life, including parents’ lives, change and evolve. When parents are divorced, and there is a custody agreement in place, there is a process for changing or modifying that custody arrangement.
Whether it is the necessity to move out of state, a significant change in income and a parent’s ability to pay child support, Texas understands that these things happen and has laws to deal with these issues.
The legal standard
For a Texas court to approve a change in a child custody arrangement, the parent requesting the change must justify their request for modification. This means the parent must provide evidence that their proposal meets the required legal standard of material and substantial change in circumstances.
Remember that the court will consider the entire case, which includes the parent’s behavior and whether they have upheld their obligations, including paying child support (if applicable) and exercising good faith in meeting the current child custody agreement.
How to request a change in child custody
You can file a petition to modify the existing order in your case in the jurisdiction where your current order was issued. Usually, the same judge that issued the original order will be the judge who will review your petition for modification.
Current child custody order
Until the judge approves any changes, the current child custody order remains in place, and both parents must go along with that order without exception. Not doing so can hurt your case if you request a change in the order.
Changes in people’s lives are normal and happen all the time. The law recognizes that and understands that parents sometimes must request changes to orders issued by the court.
However, it is imperative to follow court orders at all times and for parents to act in good faith, which can ultimately help parents in making their argument to the court.