What Are the Grounds for Modification of Custody in Texas?

As life circumstances change, child custody, or conservatorship, are also subject to change based on what’s in the child’s best interest. In this case, Texas law allows for modifying custody orders. So, what are the grounds for modification of custody in Texas? Understanding how the legal process for modification works is important for parents seeking an amendment to their custody situation.

Custody Modification in Texas

To modify an existing order, the requesting parent must demonstrate that there has been a significant change in family circumstances or that the child’s current living situation is not meeting their needs. The modification aims to adjust the custody situation to better suit the child’s overall well-being.

There are many factors that courts consider when reviewing a child custody modification case.

• Relocation: If a parent moves to a different city or state, it can impact the child’s education, relationships, and overall stability.
• Job Changes: A change in a parent’s employment can affect their time away from the child or the ability to maintain the current custody agreement.
• Remarriage or New Relationship: If a parent remarries or enters into a serious relationship that alters the home environment, the child may feel the effects and require a change.
• Health Issues: A change in a parent’s physical or mental health can affect their ability to care and provide for their child.
• Child’s Preference: When the child reaches the age of 12, courts consider their wishes. If a child expresses a preference as to which parent they want to live with, it could result in a custody modification. However, the courts are not obligated to honor the child’s wishes if they feel it is not in the child’s best interest.
• Parental Misconduct: If a parent’s behavior endangers the child’s safety or well-being, the courts can modify the custody order to protect the child. Parental misconduct can include instances of abuse or neglect, substance use, or other criminal activity.
• Violation of Court Orders: If a parent refuses to comply with the visitation schedule or consistently violates the terms of the current custody order, the other parent can request modification.
• Change in the Child’s Needs: Children change as they grow physically, educationally, and emotionally. They may also have different medical needs. Custody modification can be made to adjust the custody arrangements to meet the child’s needs.

Evidence Needed for Modification

In order for the courts to approve a modification to a child custody arrangement, they require significant evidence to support the request. Courts require factual, objective evidence over each parent’s word.

The courts may also require witness testimony from teachers, doctors, or other family members to find out what they have observed from the child. Documentation, such as medical records, police reports, or school reports are requested, if applicable. Any written communication, such as emails, text messages, social media posts, or photographs and videos, can be presented as evidence in a child custody modification case.

In the instance that a child’s safety is at risk, temporary court orders may be issued. This generally happens in the case of abuse or neglect. A concerned parent can request an emergency hearing to gain temporary custody until the courts fully resolve the issue.

What to Do When Preparing for Child Custody Modification

If a child custody modification may be in your future, it’s important to keep accurate, detailed records of any incidents or changes in your custody case. Make sure to follow the current custody arrangement terms to avoid accusations that could weaken your case.

The purpose of custody arrangements should always center around the child’s best interest, ensuring their safety and mental and emotional well-being. Since child custody cases can be emotionally charged, it can be difficult to keep personal grievances out of legal proceedings. A child custody attorney can help you navigate the custody modifications, compile sufficient evidence for your case, and keep you focused on protecting your child overall.

FAQs

Q: What Are the Grounds for Child Custody Modification in Texas?

A: A modification to child custody can happen when there is a significant change in circumstances that affect a child’s well-being or best interest. Some common grounds for modification include one parent relocating, a parent relinquishing their custody, or signs of abuse or neglect of the child. In Texas, a child over the age of 12 becomes eligible to choose their custodial parent.

Q: What Qualifies as a Change in Circumstance?

A: Changes in circumstance for child custody vary widely and can include a parent relocating, substance use, or custody relinquishment. If a parent’s health prevents them from seeing the child or if they alienate themselves, custody agreements can change. The court also considers changes in the child’s home environment, safety, and the specific needs of the child, such as educational or medical care needs.

Q: What Do Judges Look at When Deciding Custody in Texas?

A: When deciding custody in Texas, judges focus on what is in the child’s best interest, including their physical, mental, and emotional health. The courts consider the abilities and employment of each parent, the home environment, criminal records, and the child’s safety. A judge may interview the child to evaluate parent and sibling relationships.

Q: What Deems a Parent Unfit in Texas?

A: A parent is deemed unfit if they cannot properly care for their child. This involves the ability to provide a safe home, stable income, and a nurturing environment. Courts consider reports of neglect, substance use, and any other behaviors that could risk the child’s mental, emotional, or physical health. To determine whether a parent is fit for custody, the courts examine medical records, police reports, school records, and employment records.

Contact an Austin Child Custody Lawyer Today

Modifying a child custody order in Texas requires strong evidence and sometimes complex legal proceedings. Whether you’re seeking a change in your custody terms or contesting proposed changes, you need an experienced child custody lawyer to help you.

The knowledgeable team at Vaught Law Firm, P.C. can help advocate for your family. We can assist you in developing a strong case and advise you on your child support modification rights and options. Contact us today to schedule your consultation.