After a child custody agreement is finalized, life circumstances can change, prompting one or both parents to seek a modification of the agreement. Texas law allows for the modification of child custody orders under specific conditions. Here’s what parents should know about the process.
When can a child custody agreement be modified?
Texas law permits custody modifications if there has been a material and substantial change in circumstances since the last order was issued. This change must significantly impact the child’s well-being. For example, a parent may seek modification if the other parent relocates far away, develops serious health issues, or if the child’s needs evolve as they grow older.
What is the process of filing for a modification?
The parent seeking the modification must file a petition with the court that issued the original custody order. The petition should outline the changes in circumstances and the reasons for requesting a new custody arrangement. The court will then review the petition and determine if a modification is in the child’s best interest.
What factors will the court consider?
The primary consideration for the court in any child custody case is the best interest of the child. Factors like the child’s relationship with each parent, the stability of the parents’ homes, and the child’s emotional and physical needs will influence the court’s decision. The court may also consider how well the parents can communicate and cooperate regarding parenting decisions.
What happens if both parents agree to the modification?
If both parents agree on the changes to the custody agreement, they can submit a written agreement to the court for approval. This is typically a faster process than if the parents disagree, but the court must still ensure that the modification serves the child’s best interests.