Child Custody Modification: Ensuring the Best for Your Child
Child custody can be a contentious issue, but many parents can reach an agreement. Once a custody or visitation order is issued, it is legally enforceable, and failing to meet obligations can result in criminal or civil action.
However, custody orders are not set in stone. If circumstances change, modifications can be made. At Hiller Family Law Firm, our experienced child custody lawyer navigates the legal requirements to ensure the modification process works in your favor. Whether you need a modification or are contesting one, we are here to help. Contact us online or at (512) 360-9100 to schedule a consultation.
Modifying a Child Custody Order in Texas
Parents can agree to modify their child custody arrangements on their own, but it's always best to file the changes with the court to protect your rights and avoid future disputes.
If mutual agreement isn't possible, you must:
- File a petition to modify the custody or visitation order in family court.
- Demonstrate a substantial change in circumstances that makes the modification necessary for the child's best interests.
A custody modification hearing will be scheduled, where you'll present evidence of the substantial change in circumstances.
What Constitutes a Substantial Change in Circumstances?
To modify a custody order, you must show that the current arrangement is no longer in the child's best interests. Substantial changes can include:
- Abuse or neglect
- Health conditions
- Substance abuse
- Job loss
- Reduction in salary
Changes like remarriage, relocation, or the birth of another child typically do not qualify as substantial changes on their own. For visitation modifications, you must still show that the change is in the child's best interest.
Additional Circumstances for Modification
Modifications may also be approved if:
- The child is of an age to express a preference for where they want to live.
- The non-custodial parent has been rehabilitated from issues like substance abuse.
- The child spends more time with the non-custodial parent, reflecting a need to adjust the custody order.
- One parent is deemed unfit due to abuse, neglect, or other detrimental behaviors.
- The child is experiencing significant problems in the custodial parent's home.
Contact a Child Custody Modification Lawyer in Texas
Modifying a child custody order requires thoughtful preparation and solid evidence. Courts are willing to approve modifications if they are in the child's best interest. At Hiller Family Law Firm, we will guide you through your options, draft a comprehensive petition, and represent your interests before the court. Complete our online form or call us at (512) 360-9100 today.