Child custody arrangements that worked when an original order was entered may no longer meet the needs of a child or family years later. Parents move, work schedules change, children grow older, and circumstances can develop that make an existing custody or visitation order difficult or inappropriate.
In Texas, however, a custody order cannot be changed simply because one parent wants a different arrangement. A parent generally must meet specific legal requirements and show that the requested modification is in the best interest of the child.
There Has Been a Material and Substantial Change
One of the most common grounds for modifying child custody in Texas is a material and substantial change in circumstances since the existing order was entered or the parties signed an applicable settlement agreement.
Texas law does not provide one simple definition of what qualifies. Instead, courts consider the circumstances of each case. Examples may include significant changes in a child's needs, instability in a parent's home, relocation issues, new family circumstances, or conduct affecting the relationship between the child and another parent.
A change alone does not automatically justify modification. The requested change must also serve the child's best interest.
The Child's Needs or Circumstances Have Changed
Children's needs naturally change as they grow. School schedules, extracurricular activities, medical needs, emotional development, and other circumstances may make an older custody arrangement less practical.
Texas courts may consider changes involving the child's age and needs when determining whether circumstances have materially and substantially changed.
A parent seeking modification should be prepared to explain why the current order is no longer working and how the proposed arrangement would better serve the child.
A Child Age 12 or Older Expresses a Preference
Texas law allows a court to consider the preference of a child who is 12 years of age or older regarding which parent should have the exclusive right to determine the child's primary residence. However, the child's preference does not automatically determine the outcome.
The judge must still decide whether changing the existing custody arrangement is in the child's best interest.
In other words, a child's wishes may be an important consideration, but the final decision remains with the court.
One Parent Has Relinquished Primary Care of the Child
Modification may also be possible when the person with the exclusive right to determine the child's primary residence has voluntarily relinquished the child's primary care and possession to another person for at least six months, subject to exceptions in Texas law.
These cases can involve significant changes in where the child actually lives compared with what the existing court order requires.
If the current living arrangement is substantially different from the custody order, it may be important to address the situation formally rather than relying on an informal agreement.
Special Rules May Apply During the First Year
Texas places additional requirements on certain requests to change which parent has the exclusive right to determine the child's primary residence when the request is filed within one year of the current order.
The person requesting the change generally must submit a supporting declaration containing specific facts that satisfy one of the grounds permitted by Texas law, such as circumstances that may endanger the child's physical health or significantly impair the child's emotional development, consent by the person with the primary-residence right, or voluntary relinquishment of primary care and possession for at least six months.
Because these cases have additional requirements, speaking with an experienced Texas family law attorney early can help you understand whether your circumstances may support a modification.
Protecting Your Child's Best Interests
Child custody orders are designed to provide stability, but families and children's needs can change. When an existing order no longer works, a custody modification may provide a legal way to establish an arrangement that better reflects the family's current circumstances.
Until a judge signs a new order, however, the existing custody and visitation order generally remains in effect.
Jamie Jordan Law represents parents and families throughout Fort Bend County and Brazoria County in child custody modifications, visitation disputes, divorce, child support, and other Texas family law matters.
Contact Jamie Jordan Law to schedule a confidential consultation and discuss whether your circumstances may support a child custody modification in Texas.