Sometimes, child custody modifications become necessary when the current custody order is no longer working for parents or in the best interest of the child.
While it is possible to modify a Texas custody order with the assistance of an experienced family law attorney, it is not always easy to do.
Before petitioning the court to modify an existing custody order, parents should always discuss the situation with an experienced child custody attorney who can assess things and help you decide if trying to change the order is a worthwhile effort.
What Are Valid Reasons for Modifying Child Custody Orders?
People’s lives change and sometimes that means a parent may seek a child custody modification to reflect those changes.
The family court does not simply grant those changes for any little change and attorneys stress that the request for modification must be valid for the court to consider changing the order.
Some of the possible valid reasons to seek modification of existing child custody arrangements might include:
- Relocation - If a parent wants or has to move and it affects co-parenting, a modification may be in order.
- Drug or Alcohol Abuse - Co-parenting rights can be modified or revoked from a parent who is abusing drugs or alcohol.
- Alienation - One parent alienating the child from the other parent is another potential reason for changing the custody order.
- Inability to Co-Parent - Parents who can prove that the other parent is unfit to parent in some way may receive consideration.
Should You Attempt To Modify Custody Orders?
The first thing that every parent will be asked when seeking child custody modifications is how the problem is affecting them and their child as well as whether there is any ability to work around the problem.
If there is, a modification is unlikely to be approved.
It is highly recommended that parents considering modifying the order first discuss the issue with an experienced child custody lawyer who can advise how to resolve the issue and whether achieving the desired outcome of a modification is possible.
To help reach a decision, here is a video from a board-certified family law attorney about how child custody modifications may be considered by the family court.
Is There A Down Side to Filing For A Modification?
There definitely can be, which is why it is so important that parents discuss their desire for a modification with a family law attorney first.
No petition is guaranteed to bring about the results desired, so parents could end up spending money on legal fees without the desired end result.
More importantly, a failed attempt to get the custody order modified via your attorney could lead to further problems within the co-parenting relationship.
There is a Right Way to Handle Child Custody Modifications
When circumstances arise that make co-parenting a challenge, it is natural to think about seeking child custody modifications; however, doing so may not be in your or your child’s best interest.
Find an experienced child custody attorney and discuss the problem with that attorney first.
Your family law attorney will advise on whether the situation is one that could result in a modification to the custody order or if some other solution should be sought.
The investment in this preliminary discussion is well worth the effort as it can save you time, money, and avoid the possible negative effects that could come with a failed attempt to get a custody order changed if the other parent does not agree with you.