How Do I Modify a Child Custody Agreement in Texas?

Here in Texas, courts are not generally predisposed to easily change child custody terms that they themselves have already set. However, it certainly is possible if you can give good grounds for the need for a modification and if you have a skilled family lawyer in Houston working to help you explain your case to the court.

How Do I Modify a Child Custody Agreement in Texas?

Work With a Family Lawyer in Houston

It’s important that you work with the lawyer for the best possible result, and the more complicated your situation, the more vital is to have a lawyer on your side. The law is very complex, and it’s easy to misunderstand what you need to do or even what you have the right to do. Additionally, a lawyer will be familiar with the local Houston court system and the judges who make the decisions in these matters.

Filing for a Modification

You typically need to wait at least a year before asking the court to make any changes to primary custody. There are a few exceptions to this rule where the court will consider your case even if it’s been less than a year since the original orders were set. If the person who is filing is the person who has primary custody, they can file at any time. Additionally, if both parents agree to the changes, the court will consider it. Obviously, if the child’s living environment is believed to be dangerous to the child’s physical health or emotional development, this is also grounds to request a modification to custody at any time. Finally, if the primary custodial parent or guardian has let somebody else have primary custody for the last six months at least, you can bring a petition to change the orders.

Once orders have been made by the court, only a court can change them, and, in most cases, a motion to modify custody orders has to be filed in the same court that issued the original order, even if you have moved to another county or state. If the child has moved to another county, you would still file in the same county to start out but would talk with your lawyer about having the case transferred to a new county court, which is usually permissible so long as the child has lived in that new county for at least six months. If the child has moved out of state, you will need to talk to your lawyer about how and where to file.

Who Can File

Either parent of the child in question can file a motion to modify an existing custody order. In addition, if the existing custody order has any other names on it, such as a grandparent or a legal guardian, they would also be permitted to file a motion for modification.

The Texas Attorney General Child Support Division can also file to modify child support if they believe it’s necessary. Finally, if both of a child’s parents are dead, as well as any guardians, the law does then allow grandparents, siblings, great-grandparents, aunts and uncles, or nieces and nephews to file for a custody modification.

How Long It Takes

It’s almost impossible to say how long an individual case will take without seeing the details. If everyone involved agrees with the changes and is available to sign all the necessary paperwork quickly, things can usually be done in just a few days, provided that the court believes what’s being requested is still in the best interest of the child.

However, these modification cases are frequently contested, and when that happens, things take a lot longer. It can be several weeks up to several months before the case is settled.

Grounds for Requesting a Modification

As stated, it’s not easy to get a change to custody orders, but there are three grounds that the courts generally find acceptable. The first is if there has been what’s known as a “material or substantial change” in the family’s circumstances. These are the most common grounds for requesting modification. For example, a “material or substantial change” would include one of the parents moving to another state, the child getting into a private school in a very different part of the county or city, severe illness on the part of one of the parents or the child, job loss, and more.

The second grounds the court will consider is if the child is 12 years old or older and has a preference for living with the noncustodial parent. The court does take the wishes of the child into consideration and will meet with the child privately to talk through why the child wants to make a change. However, ultimately, it’s not the child’s decision to make. It is the court’s decision, and if the court does not think a change is in the best interest of the child, they will not grant a modification.

Finally, the court will consider modification if the parent who currently has primary custody voluntarily wishes or needs to give it up.

FAQ About Child Modification

Can I Stop the Visitation Schedule if I’m Worried About My Child’s Safety?

It’s never a good idea to stop following court orders on your own initiative. Until the court has actually modified the custody orders, they are legally binding.

If you believe that your child is in immediate and imminent danger, call 911 right away. If you have concerns about your child’s general safety or believe the other parent is trying to manipulate your child emotionally or drive a wedge between you, but the child is not in immediate danger, talk to your lawyer about bringing a modification motion as quickly as possible or even filing for restraining orders.

What If the Other Parent Won’t Cooperate?

As stated, modifications go smoothly when both parents can agree on the changes. But if the other parent won’t cooperate, you have a few options. First, if the other parent does not respond to your motion within 45 days, the court will simply grant it by default unless it believes the modification is not in the child’s best interest.

Second, if the other parent can test the modification, you can talk with your lawyer about going into mediation to try and resolve the issue. Finally, you can take the matter to court, and your lawyer will represent you and make a strong argument, backed up by evidence, for why the court should modify the existing orders.

What If I Have Court Orders From Another State?

If you are now living in Texas, but your original custody orders were set in another state, you need to talk to a family law attorney as quickly as possible to find out what to do next. Texas courts may or may not have jurisdiction: only a lawyer can tell you after reviewing the details of your case.

If you need to make a modification to a custody order, we can help. Contact C.E. Schmidt & Associates, PLLC here in Houston, TX to set up a consultation. We’ve been helping Texas families for more than 40 years.