You can file a modification case in court if you can’t agree with your co-parent on adjusting or changing your current custody arrangement. Here, a judge will review the prevailing circumstances and the children’s best interests before modifying the earlier custody order.
However, the court needs convincing reasons for a successful modification petition. A judge is not likely to change anything without cause or based on unverifiable facts.
Reasons a court will grant a request for modification of custody
The children’s best interests take center stage in all custody decisions. Therefore, if you can show the court that the current order does not put the children first, the judge is likely to amend it. This can happen if there is a substantial or material change in the children’s or either parent’s lives.
Some of the reasons may include;
- Remarriage or relocation of the parent
- Constant violation of existing custody order
- Abuse or neglect
- Substance abuse
The court will also consider the child’s custodial preferences if they are at least 12 years old and have the mental capacity or maturity to make such a decision. It means that the child can choose their custodial parent. However, it is up to the judge to ascertain their decision-making capacity and determine whether the child’s choices are in their best interests.
Understand how the process works
There are legal procedures you must follow when seeking a modification of your current custody order –from filing your petition to serving your co-parent. There are also hearings in such cases, where the judge will listen to both sides of the story.
Understanding what it takes to modify custody orders in Texas will ease the process and help protect your children’s well-being.