When can parents modify a custody order?

| Feb 4, 2021 | Family Law

There are many aspects of life that people in Texas try and plan for ahead of time, but people cannot predict the future. There are certain events that occur that force people to change their original plans. This is true as parents raise their children as well. Children’s lives change as they grow older and parents’ lives can change as well. Parents need to adapt when this occurs. It is also something parents need to do whether they are married or divorced as well.

It can be more difficult to adapt to these changes when parents are divorced though. Most of the time parents will have child custody and visitation orders which govern who will make decisions for the children and also determine when each parent will have the children in their care. These orders can be made when children are young though and could be in place for many years. As life changes, these orders may no longer work or be in the children’s best interest.

Requirements for modifying custody and visitation

Parents cannot just modify custody or visitation simply because an order is not ideal anymore though. There are certain requirements that must be met first. The modification must be in the children’s best interest. There also must be a change in the circumstances since the time of the last order and the change must be material and substantial. The previous order could also be modified if the child is over 12 years old and tells the judge they desire to live with the other parent or the parent who has primary residence agrees to modify the order.

There are many parents who have custody orders in Texas and many may be finding that the orders no longer work for them or the children. Parents may be able to modify these orders in these situations if the requirements stated above are met. These are very fact-specific cases though and whether a modification will be granted depends on the specific circumstances in each case. Experienced attorneys understand these complicated matters and consulting with one may be beneficial.

 

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