Can I Make Modifications to My Child Custody Agreement in Texas?

 Posted on August 29, 2023 in Family Law

Divorces with children in the mix can be tricky. Child custody can help you protect and prioritize the welfare of your child. It also aids in dividing quality time between both parents. But once child custody is finalized, some conditions might change that decision over time. If your current child custody order does not work for your family, there are a few measures that you can take in the state of Texas to help. To streamline the process even more, you can seek the guidance of a family law attorney. 

What Are the Reasons for Modification of Child Custody?

Texas family law knows and understands that life comes with change. In light of this, a child custody order can be modified. But to do so, there must be proof of significant conditions that will directly affect the child if the agreement is not adjusted. Here are a few reasons modification of child custody may be granted: 

• One parent decides to move

• One of the parents or the child has a health concern that impacts their wellbeing

• Changes to a parent's job, work schedule, or financial circumstance

• The child's educational needs require them to stay with one parent primarily 

• Child's safety or wellbeing is threatened under the care of one parent 

• If the child is older, their preference is considered based on their age and maturity

How Can You Modify Child Custody in Texas?

The modification of your child custody order can be uncontested or contested. Uncontested means that both parents support the revised agreement. Contested refers to both parents not seeing eye to eye on the matter. There are a few steps that you can take to jumpstart your request for child custody modification, whether it is contested or not. Here are a few of those required steps: 

• Submit a Petition: To start the process, this petition must be submitted to the court that first granted the custody order. It should also include the reasoning behind the change.

• Provide Notice: You must communicate with the other parent about your filed petition. They must have the chance to accept or reject the change you are proposing. 

• Possible Mediation: Sometimes, both parents must participate in mediation to negotiate the issue. 

• Court Hearing: If mediation is not successful, a hearing will occur. Both parties must present their arguments during the hearing, but the judge will decide whether the modification is approved or not. 

Contact a Frisco Family Law Attorney

Consulting a skilled family law attorney makes modifying your child custody order far less stressful. They can aid in collecting all the necessary proof while guiding you through the legal process. You do not have to do it alone. Have an experienced Collin County family law attorney in your corner. Call Pfister Family Law at 972-954-6455 to schedule a free consultation.