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Law Office of Rebecca Gonzalez, P.C.
210-368-2608
  • Home
  • About
    • Rebecca Anne Gonzalez
  • Practice Areas
    • Family Law
    • Divorce
    • Personal Injury
  • Articles
  • Video Center
  • Blog
  • Contact

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  5. A child custody situation can change for certain reasons

A child custody situation can change for certain reasons

On Behalf of Law Office of Rebecca Gonzalez, P.C. | Dec 10, 2021 | Child Custody and Support

If your current child custody order is not working for you or the other parent, you may be able to modify it. You can request a modification through joint consent, or one of the parents can file a petition with the court.

A judge will not automatically grant a modification request, even if both parents agree to the changes. There typically needs to be a substantial change in circumstances for a judge to change a custody order.

Child custody modification basics

According to the Texas Constitution and Statutes, parents generally cannot request a modification unless it has been at least one year since the current one came into effect. However, either parent can request a change within one year if the request meets certain legal requirements.

After filing a petition for a custody modification, the parents must continue to follow the terms of the current order until the judge approves a new one.

Justifications for modification

A judge will usually only consider a modification request within one year of the current order if one of three things occurs:

  • The present living situation is putting the child’s mental or physical health in danger
  • The parent with primary custody allowed another party to have possession and primary care of the child for a minimum of six months unless the parent is on active military deployment
  • The parent with primary custody agrees to the modification

If a modification request occurs after one year of the current order, the parent needs to prove that there has been a significant change, although the law does not specifically define what these changes are. Some examples include if a parent’s work schedule has changed dramatically if a parent is relocating or there is proof of substance or physical abuse. Once a child turns 12, the judge will also consider his or her preference for the primary caretaker.

When deciding on a modification request, the biggest factor that a judge considers is what is in the best interest of the child.

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