Court-issued custody orders in Texas are always decided according to the child’s best interests. Therefore, if circumstances change and the existing orders do not serve or prioritize the child’s well-being, they can be modified or adjusted.
To modify a child custody order, you must demonstrate a substantial change in circumstances since it was issued and how the modification is best for the child. There is no hardline legal definition of what constitutes this material change. It could be a parent’s relocation, a change in the child’s needs or changes in the parent’s ability to care for the child, among other valid grounds.
The modification process explained
The simplest way to modify a custody agreement is by agreeing with your co-parent on the appropriate adjustments. The process is generally more straightforward if you are on the same page since all you have to do is submit your revised parenting plan to the court for approval. If the court approves the new arrangement, it will be legally binding and replace the previous order.
If you cannot agree with your co-parent on the changes, you must go through the court process of modifying child custody orders in Texas. It involves filing a petition for modification where the court will schedule a hearing for both parents to present their cases. The judge will then decide whether the modification is justified based on the evidence provided and the child’s best interests.
It’s worth noting that a waiting period may apply if you wish to modify child custody orders in Texas, although there are some exceptions. Seeking legal assistance can help you learn more about how the modification process works, understand your rights and build a solid case if the matter goes to court.