Child custody cases can be emotional, and oftentimes, neither parent ultimately gets the custody or visitation rights they hoped for at the beginning of the process. The judge will review both parents’ situations and consider the best interests of the child before making a decision.
What’s important to understand is that the custody ruling by the courts is not a final decision. While those guidelines will apply immediately, there are several circumstances in which a request to change the order can be made. Texas law requires you to wait at least a year to make a request for a change unless there are extenuating circumstances.
Your child wishes to make a change
Texas law allows children who are at least 12 years old to make a request to change their primary caregiver. The court won’t immediately approve such a change but will review the reasons the child believes such a change would be beneficial to them.
It’s important for both parents to be present during this process and to do their best to care for the child throughout the agreement. If adverse conditions such as physical or emotional abuse are present or the custodial parent has shown some other form of neglectful behavior then the court will likely rule in favor of the child’s request and change the custodial rights.
Relocation
The courts must be notified of a change of address for either parent involved in the order. Even if it’s simply moving across town, the court will want to know where to reach the parent when needed. When either parent moves out of town, across the state, or out of state, though, the custody order may need to be changed.
When the noncustodial parent moves, this may change their pattern of visitation. The court generally won’t expect the custodial parent to take care of the costs and effort it takes to fulfill a consistent visitation schedule. This doesn’t mean visitation will cease, but it may become more infrequent.
When the custodial parent wants to move, the court will need to do a more thorough review of the situation. Their main concern will be what is in the best interests of your child. If the move is for entirely personal reasons and the noncustodial parent is deemed to be capable of taking on custodial responsibilities, the custody order may completely change. The court will also consider whether the move can provide a better quality of life for your child, including schools, work schedule, pay raise, and other important factors. It’s not in the best interests of the child to completely sever the relationship between the child and the noncustodial parent just because the custodial parent wants to move.
Consequential financial changes
Sometimes a custody order is written with the consideration of both parents’ financial circumstances. Finances can and will change over time, and the parties will be allowed to revisit financial obligations. .
If the noncustodial parent secures a high-paying job in which they can provide a higher quality of life for the child, the court may consider a request to increase child support or alter the current custody arrangement.. If the custodial parent becomes unemployed or takes a job where they can no longer support a consistent lifestyle for their child, the court may also issue a change.
Other circumstances that may lead to a change include:
- Medical conditions
- Exposure to abusive relationships
- Marital status changes
It’s important to speak with an attorney if you wish to make changes to a custody order. Texas custody laws have strict timelines and expectations of parents. It’s an uphill battle to get a custody order changed once it’s in place, but it’s not impossible. If you think you need to make a change to your order, call Divorce in Texas. We can help guide you to a new start.
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