As time passes after a divorce, it’s common for child custody plans to stop being as convenient – and appropriate–as they once were. Children grow up. They become teenagers with lives of their own. Sometimes parents move away. Other times, their situations change and they can’t parent the way they once did.
If your existing child custody plan has stopped working for your family, you are not stuck with it. Texas family law allows for modification of existing child custody plans. Here’s what you should know.
If Both Parents Agree, Things Are Easier
As with most parenting decisions, things are easier if both parents agree that the child custody order should be modified. When parents agree, all they need to do is submit a proposed custody order to the court. In most cases, the court reviews the proposed custody order and approves it.
Unfortunately, life is rarely that simple. If parents disagree about the change, they must both appear in court to have the order modified.
You Must Show a Significant Change in Circumstances
In order to grant a child custody modification, Texas family courts require you to show that a material and substantial change in circumstances has occurred. You must prove that the change in circumstances makes your current arrangement inappropriate or unworkable, as well as that the proposed change is in the child’s best interests. If you request the modification, that burden of proof rests with you.
What does “material and substantial in circumstances” mean? It depends on your case. Many different changes can qualify.
- Texas courts have granted a modification when doctors diagnosed a child with a health issue that meant his parents needed to care for him differently.
- They have also granted modifications when one parent was unable to find significant employment in Texas and was forced to relocate for work.
- Courts have also granted modifications when a parent struggled with substance abuse and was no longer able to care for a child safely.
Older Children Have Some Say in the Matter
Texas law makes a distinction between children younger than 12 and children who are 12 years old and older. When a child is 12 and wishes to change the primary caregiver, courts may grant the modification. It’s likely that the judge will want to talk privately with the child, and the request will only be granted if the judge believes it’s in the child’s best interests.
Talking With a Lawyer Is a Good Idea
If your family’s needs have changed and an existing child custody plan is no longer working for you, talking with an attorney is a good first step. At the Schneider Law Firm, P.C., we can talk with you confidentially about your situation and help you take the best course of action. Call our Arlington law office at 817-799-7125 to get started.
