After a divorce is final, life continues to change for Texas parents. In some cases, these life changes are significant enough to merit a change to an existing custody order. Adjustments to custody and visitation schedules are not necessarily easy to obtain, but you may find that it is necessary and beneficial for your family to pursue one.
If you believe you could benefit from a modification of an existing custody arrangement, you may want to reach out for guidance regarding this possibility. This can be a lengthy process, but it may be the right step for you to take in order to protect the best interests of your children.
Who can get a modification in Texas?
Simply wanting to change an existing custody order is not enough to actually get one in Texas. In order for a court to grant you a modification, you must be able to prove the following about your current situation:
- There has been a significant change in the circumstances of the children and/or at least one parent.
- The entire current order or a portion of it is not workable according to a family's current circumstances.
- One of the parents moved, but failed to provide the required 60-day notice.
There are many reasons why a custody order may no longer be workable or appropriate for your family. From remarriage to an out-of-state move, you know that you need a custody plan that is beneficial for everyone involved, but especially for your children. The courts will not approve any proposed changes if they are detrimental to the well-being of your children in any way.
Securing a modification does not necessarily require a court hearing. It is possible to achieve this goal through an agreement with the other party. However, if you make changes not included in the current court order, those changes may not be enforceable without first obtaining the court's approval.
Protecting your parental rights
Custody is a big issue for your family, and you know how important it is to protect your children. However, your rights as a parent also need protecting, and you have the right to regular access to your children. If a proposed modification threatens those rights, you do not have to deal with it on your own.
Whether you are seeking a modification yourself or you are considering a proposed modification presented by the other parent, you would be wise to be fully apprised of your options and the most appropriate course of action according to your particular situation.