Child custody, known as conservatorship in Texas, and visitation (possession) can be the most challenging aspects of a divorce or separation. Parents must balance their schedules, preferences and their children’s needs.
However, these orders often require changes as life progresses. Revisiting and modifying custody agreements might become necessary as children grow or parents’ situations evolve. Such changes can happen multiple times before children reach adulthood.
When to ask for a modification
Even when parents agree, a court must approve any change to a custody order. Here are five common reasons for seeking a modification:
- Changes in the child’s situation: As children grow, their educational, emotional or medical needs might change, necessitating a new arrangement.
- Changes to parent’s work schedule or finances: A significant change in a parent’s job, such as new hours or a change in income, may impact their availability or ability to provide for the child.
- Parental conflicts: Ongoing issues, such as communication breakdowns, substance abuse or other conflicts make the current arrangement unworkable.
- Child’s preference: As children mature, their wishes regarding living arrangements might be considered by a judge. In Texas, this is typically when they reach the age of 12.
- Failure to follow custody order: An example is one parent interfering with the other parent’s access to the child, such as not making them available for scheduled visitation.
These factors highlight the importance of revisiting custody agreements to ensure they serve the child’s best interests and accommodate both parents’ evolving circumstances.
How do courts decide whether to grant a modification?
When parents agree, courts often approve modifications without hearings or trials. Regardless of whether parents are on the same page, courts evaluate various factors to determine the child’s best interest. Some of these factors include:
- Any significant changes in the child’s or parents’ circumstances since the last order, including changes in employment, health or living conditions.
- Whether the current arrangement meets the child’s physical, emotional and educational needs.
- Stability in the child’s living environment is crucial. The court considers each parent’s ability to provide a loving and stable home.
- Even if courts consider a child’s preference, it is not the sole deciding factor.
- Each parent’s involvement in the child’s life, including their participation in education, health care and extracurricular activities.
- The ability of each parent to encourage a positive relationship between the child and the other parent.
- Evidence of domestic violence, abuse or neglect can heavily influence the court’s decision.
- If a parent plans to move, the court considers the impact of relocation on the child’s relationship with both parents.
Experienced legal guidance can be invaluable when seeking a modification, even if parents agree. Skilled child custody lawyers understand the legal process and can help ensure the modification process goes smoothly, minimizing potential conflicts and disruptions to the child’s life.