Published by Ben Beveridge | December 10, 2023 | Firm News

When seeking modifications to child custody orders in Texas, it’s crucial to understand the legal framework that governs the process. Whether both parents agree on the changes or there is a disagreement, the court will evaluate the proposed modifications based on the best interests of the child.

1. Agreement Between Parents

If both parents are in agreement regarding the need for changes to the custody order, the process can be relatively straightforward. By jointly submitting a proposed custody order outlining the desired modifications, the court will review and typically approve the changes, making them legally enforceable.

2. Disagreement Between Parents

In cases where parents do not concur on the need for modification, the process becomes more complex. The parent seeking modification must demonstrate to the court that specific conditions are met:

• Child’s Age: If the child is 12 years old or older and expresses a desire to change the primary caregiver, the court considers this preference.
• Material & Substantial Change: Regardless of the child’s age, a modification can be pursued if there has been a material and substantial change in circumstances that necessitates altering the custody order.
• Best Interest Of The Child: The proposed modifications must align with the child’s best interests, which is the paramount consideration for any custody decision.

Material and Substantial Changes: Examples

Understanding what constitutes a “material and substantial change” is essential for determining the appropriateness of a modification. Several scenarios may warrant seeking a modification:

1. Changes in Marital Status: Remarriage or a significant change in marital status can be a basis for seeking custody modification.
2. Job Relocations: Job relocations that disrupt the current custody schedule may warrant modification.
3. Unemployment: Sudden unemployment or a significant change in income can impact a parent’s ability to provide for the child.
4. Medical Conditions: Deterioration or improvement in a parent’s or child’s health condition may necessitate modification.
5. Abuse or Neglect: Credible allegations of abuse or neglect by either parent may prompt the need for custody modifications.
6. Substance Abuse: New or escalating substance abuse issues can jeopardize a child’s safety, necessitating modification.

Child’s Best Interests: Key Considerations

In every child custody modification case, the court prioritizes the best interests of the child. Several factors contribute to this determination:

• The child’s physical and emotional needs.
• The child’s age, developmental level, and any special requirements.
• The child’s relationship with each parent and their ability to provide love, support, and stability.
• Each parent’s willingness to facilitate the child’s relationship with the other parent.
• The child’s preferences, if mature enough to express them.
• Any history of domestic violence or child abuse.
• Each parent’s ability to provide a safe and stable environment.
• The child’s adjustment to their current home, school, and community.

Conclusion

Child custody modifications in Texas are a nuanced legal process governed by the best interests of the child. Whether parents are in agreement or there is a dispute, seeking legal guidance is crucial to navigate the complexities of modification cases and ensure the child’s well-being remains the central focus.”