The Child’s Best Interest and Modification

Divorce Decrees, Children, and Best Interests!

Certainly, the child’s best interests and modification of an existing order can restore balance to a broken parenting plan.  The best interests of the child demand that the Divorce Decree works well.  Modifications of an existing divorce decree remedies a poor plan.     The child’s best interests may not be served by an existing divorce decree.  Modifying an existing order is a complex and difficult process.   Typically, difficult issues arise when parties remarry or children undergo big changes.  The parenting plan consist of conservatorship, possession or access.  Conservatorship relates to the rights and duties that a parent may have.  Those rights include the right to say where the child primarily lives.   When a parent has a child in their company without the other parent, the child is in the parent’s possession.  On the other hand, access occurs when a parent is only in the child’s presence.

What are “best interests” anyway?

Routinely, Courts look at the Holley factors when making decisions about a child’s best interests.   The child’s best interests and modification of an existing order involve specific factors.  Firstly, those factors include which parent will best provide for the child’s physical, psychological and emotional needs and development.  For instance, Courts always examine the physical and emotional danger posed by a parent.  Similarly, the stability of the home, plans for the child, and parenting skills provide clues as to which parent makes the better primary caregiver.   Sometimes, Courts might consider the child’s preference, geographic proximity and sibling relationships.

Let’s make a change please!

Importantly, the four grounds for modification are as follows:

• parties agree plus best interests of the child point to a modification;
• Child’s preference and best interests;
• Voluntary relinquishment plus best interests;
• Material and substantial change and best interests.

In order to make an informed decision and determine an action plan that will prove successful, an experience attorney is invaluable.  With decades of experience in family, C. E. Schmidt and Associates can guide you through the process.  Call 281-550-6650 today for a consultation.