Custody Modifications In Texas

Child custody decisions are binding court orders that parents may seek to change at some point for various reasons. The process can be rather quick and painless when parents are in agreement on the need to modify an existing custody order.

In other cases where one parent may disagree with the need to modify an existing order, custody modification can become far more complicated, and it can take several months to arrive at a resolution to the case. All cases will be dependent on the best interests of the child, but there also needs to be some kind of material and substantial change in order for a court to be willing to modify a custody order.

“At The Sparrow Law Firm, PLLC, we recognize that each case is uniquely different.”

Houston Custody Modifications Attorney

Are you hoping to modify an existing child custody order but unsure about what you will need to do to succeed? Do not hesitate to contact The Sparrow Law Firm, PLLC, so we can examine all of the facts of your case and help you develop the strongest possible arguments to present in court.

Our firm has years of experience handling these types of cases and will be happy to discuss all of your options with you when you call 281-942-1508 or contact us online to schedule a free consultation. All child custody cases can get very emotional quite quickly, and you will want to have a strong legal voice on your side when you are preparing to enter a courtroom.

Texas Custody Modification Laws

Texas Family Code § 156.101(a) establishes that a court can modify an order that provides for the appointment of a conservator of a child, that provides the terms and conditions of conservatorship, or that provides for the possession of or access to a child if the modification would be in the best interest of the child and:

• The circumstances of the child, a conservator or other party affected by the order have materially and substantially changed since the earlier of the date of the rendition of the order or the date of the signing of a mediated or collaborative law settlement agreement on which the order is based.
• The child is at least 12 years of age and has expressed to the court in chambers the name of the person who the child prefers to have the exclusive right to designate the primary residence of the child.
• The conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.

The final provision does not apply to a conservator who has the exclusive right to designate the child’s primary residence and has temporarily relinquished the primary care and possession of the child to another person during military deployment, mobilization or temporary duty.

Under Texas Family Code § 156.102, a suit seeking to modify the designation of the person with the exclusive right to designate a child’s primary residence, filed within one year after either the order’s rendition date or the signing of a mediated or collaborative law settlement agreement on which the order is based, requires the filer to execute and attach an affidavit containing, with supporting facts, at least one of the following allegations that:

• The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development.
• The person who has the exclusive right to designate the primary residence of the child is the person seeking or consenting to the modification, and the modification is in the best interest of the child.
• The person who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least six months, and the modification is in the best interest of the child.

Once again, the final provision does not apply to a person with the exclusive right to designate the child’s primary residence who has temporarily relinquished primary care and possession of the child to another person during their military deployment, mobilization or temporary duty.

Under Texas Family Code § 153.009, in a nonjury trial or hearing, upon the application of a party, the amicus attorney, or the attorney ad litem for the child, the court will interview a child aged 12 or older in chambers and may interview a child under 12 in chambers to determine the child’s wishes regarding conservatorship or the person who will have the exclusive right to determine the child’s primary residence. A court can also interview a child in chambers on the court’s own motion for a purpose specified by this subsection.

It is important to remember that a court is not necessarily bound to honor the wishes of a child. There may be cases in which the court determines that a child favors one parent for reasons that are not actually in the best interests of the child.

Texas Family Code § 153.009(c) specifically states that interviewing a child does not diminish the discretion of the court in determining the best interests of the child. The court cannot interview the child in chambers regarding an issue on which a party is entitled to a jury verdict in a jury trial.

Common Reasons For Custody Modifications

The phrase material and substantial change is not defined in Texas law, so it is usually at the discretion of a court to determine if the reasons for a modification are valid. Some of the more common kinds of reasons that justify modifications to custody orders may include, but are not limited to:

• A parent being released from incarceration or becoming incarcerated
• A parent’s remarriage
• A change in the parent-child relationship
• A change in the child’s residence and care provided
• A change in the child’s needs
• A change in a parent’s financial circumstances
• A parent’s changes in residence
• A medical condition adversely affecting a parent’s ability to function and work on a regular basis
• A change in the cost to exercise possession of and access to the child
• A change in the child’s disability benefits
• The birth of a new child
• A change in the parents’ employment
• A change to intentional unemployment or underemployment
• A change in the amount of possession
• Some variance from child support guidelines

Cases can often be impacted by the type of child custody agreement that the parents had. When one parent is awarded sole custody, that parent alone has the sole right to make decisions about how the child is raised. When parents have joint custody, shared custody or split custody, then the parents often have an equal say in decisions affecting how the child is raised.

“We fight for meaningful results to protect your rights.”

– Ikaha M. Sparrow​

Texas Custody Modification Resources

Changing a family court order – Forms | TexasLawHelp.org – Use this website to access toolkits containing information, instructions and forms to change a court order for custody, visitation, child support or medical support. You can find forms, information and instructions if you are starting a case to change a custody or visitation order or if you are responding to a case to change a custody or visitation order. You can also find answers to frequently asked questions, instructions and forms for an agreed modification, instructions and forms for a default modification, and instructions and forms for filing an answer in a modification case.

Modifying a SAPCR – Child custody and support – Guides at Texas State Law Library – Learn more about modifying a Suit Affecting the Parent-Child Relationship (SAPCR), the name for the lawsuit filed in child custody cases. This website offers links to Texas law, answers questions about understanding the law and contains numerous forms. There is also a section on responding to an SAPCR modification, again offering advice about understanding the law and forms relating to this matter.

FAQs About Custody Modifications In Texas

You may have several questions about modifying your child custody order in Texas. These are some of the ones we hear the most frequently from our clients:

How do courts make decisions on whether to approve a custody modification?

In many cases, family courts will look at things such as:

• The children’s best interests
• Each parent’s ability to care for the child if the changes were implemented
• How the changes would affect the relationship between the parents and the kids
• The disruption to stability and safety that the changes impose on the child

These are just a few examples. If you have additional questions, we are happy to answer them.

What can parents do if the court rejects their request for modification?

If a court rejects the initial request, parents have several options available to them. They can appeal the decision, request modifications based on new evidence or try to settle the matter outside of court.

Do both parents have to agree on the modification for it to get approved?

No, not always. It can be easier to make the changes if both parents agree to them. If one disagrees, however, a judge could still approve the modification request if they believe it’s in the children’s best interests.

Can custody modifications affect child support payments?

Yes, child custody modifications can often have an impact on child support payments, as child support is usually tied to the amount of time each parent spends with their kids.

Contact A Custody Lawyer In Houston, Texas, Today

If you are hoping to modify an existing child custody order in the greater Houston area, it is advisable not to handle your case alone. You will need to prove several things in court, which can be particularly challenging. Let The Sparrow Law Firm, PLLC, be your voice in the courtroom so we can help you get the most favorable results possible for your action and help ensure that you are able to get the modifications you need.

You will want to call us at 281-942-1508 or contact us online as soon as possible to talk with us about your case and have our firm answer every single one of your questions. We understand how complicated life can be for couples who are trying to create workable custody orders, and our firm will be able to fight to make sure that your wishes are honored and the court can ultimately do what is best for your child’s long-term needs.