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Law Offices of Rebecca Gonzalez, P.C.
Law Offices of Rebecca Gonzalez, P.C.

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Rebecca Gonzalez

When is it time to modify your child custody order?

For many people in Texas and across the nation, arranging child custody is one of the most difficult parts of filing for divorce or legal separation. It is often an emotional process transitioning from a traditional family situation to a single-parent household.

Whether you have sole physical custody or you share custody with a co-parent, it is important to realize that custody orders are not set in stone. As time goes on, life situations may change which could warrant a change in your child custody arrangement.

When can you modify your order?

In most cases, you must wait at least a year before submitting a modification request. However, the court will take into consideration each unique situation and make a judgment based on the circumstances of the case. There are several situations that may constitute a child custody modification. These include the following:

  • A parent becomes incarcerated
  • Either parent is no longer able to fulfill their parenting time agreement
  • A parent moves a significant distance away
  • The current living situation is no longer safe for the child
  • A parent passes away

The child may become of age and decide that they no longer want to reside with a parent as well.

How do you file a modification request?

A modification request can be made by either parent. You should file the request in the same county that made the original custody order. If both parents agree on the custody modification, you can file an order modifying the parent-child relationship with the court. If either parent does not agree with the change, the court will schedule a hearing. You can also request a temporary change to visitation with the court if needed. It is important to keep in mind that the court will make all decisions based on the best interest of the child.

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