Child custody agreements are not always set in stone. Life circumstances often change, and with those changes, a modification to your custody arrangement may be necessary to ensure that the best interests of your child are upheld. In Texas, modifying a child custody arrangement requires demonstrating a significant change in circumstances since the original order was made.

When Can You Modify a Custody Order?

The Texas Family Code Section 156 provides guidance on modifying a custody order. Modifications can be requested if there is a substantial change in circumstances for either the child or one of the parents. These changes may include:

• Relocation: One parent moving a significant distance, which could affect the existing visitation schedule or the child’s education.
• Employment Changes: Shifts in a parent’s work schedule that affect their ability to uphold the current custody arrangement.
• The Child’s Needs: Changes in the child’s health, emotional needs, or education that may require a new arrangement.
• Parental Health or Behavior: If a parent’s physical or mental health has deteriorated or if there is evidence of substance abuse, domestic violence, or criminal activity, a modification may be necessary to protect the child.

The Legal Process for Custody Modifications

Modifying a child custody order in Texas is not as simple as an agreement between parents. The court must approve any changes, ensuring that they serve the child’s best interests. The parent requesting the modification must provide evidence of the change in circumstances. If both parents agree to the modification, it’s often easier and faster. However, if one parent disputes the change, the process may require mediation or a court hearing.

Mediation and Legal Assistance

In some cases, Texas courts may require parents to attempt mediation before moving to a formal hearing. Mediation allows parents to come to a mutual agreement outside of court, which can reduce conflict and expedite the process.

However, in contested cases, a court will decide based on the child’s best interests, which may involve testimony, witnesses, and even input from child psychologists or other experts.

It’s important to consult with an experienced family law attorney when considering a modification to your custody agreement. They can help navigate the complex legal process, ensure that your rights are protected, and, most importantly, help secure an arrangement that serves the best interests of your child.

Life is constantly changing, and your child custody arrangement may need to adapt. Whether due to relocation, employment changes, or shifts in your child’s needs, a custody modification can ensure that your agreement continues to serve your child’s best interests. At Webb Family Law, we are committed to guiding you through the legal process and helping you achieve the best outcome for your family.