After your divorce, you and your child will often go through notable changes in your lives. When these changes happen, you may seek the Texas family courts’ assistance for a review and update of your custody order.
What is the legal requirement for changing custody?
In order for your “petition for modification” to be considered by the court, it must align with your child’s best interests and meet one of the following criteria:
- A material and substantial change in circumstances
- A change in your child’s personal preference (If they are at least 12 years old)
- A voluntary relinquishment of parental custody for at least six months
Keep in mind that there is no specific timeline for child custody modification decisions, as they are thoroughly reviewed on an individual case basis.
What does “material and substantial change in circumstances” mean?
While state law does not provide a firm definition of material and substantial change in circumstances, there are certain common grounds that can help justify a parent’s request for change of custody:
- If you or your ex relocates to a new state
- If you or your ex’s family expands
- If there is a change in your child’s educational and/or medical needs
- If there is instability within your child’s home environment
- If you or your ex carries a family violence conviction or probation
It is important to remember that each family’s circumstances are unique, which means that the court’s decision will always depend on several defining factors.
Can I request a modification of my custody order?
Yes, both you and your ex can request a modification of your existing custody order. To begin with the process, you must file a petition for child custody modification with the court that has jurisdiction over your child.
Your petition needs to include your reason for this request and additional documents that can help prove your or your child’s material and substantial change in circumstances. Once you submit your case, you must formally serve your ex with a copy of your petition.
For your children, you can do anything
By understanding your rights and following the legal aspects involved, you can prepare your petition for custody modification with efficiency and navigate the process with confidence.