What Are Reasons to Modify Child Custody?

During the divorce process, you and your spouse either agreed about dividing everything from your home to the time you get with your children. If you couldn’t, this was resolved through mediation or court. Though it is common to use words such as “custody” or “visitation,” the state of Texas does not use these. 

  • Custody is referred to as “conservatorship.”
  • Visitation is “possession and access.”  

There May Be Several Reasons to Modify Your Child Custody Agreement

You and your spouse determined where the children would reside and how the time with them would be shared, But life changes. People’s circumstances change. As your family begins to grow, new people will enter. Some or all of these may make you want to seek a new arrangement with your former spouse regarding either the conservatorship or possession of your children. The question then shifts to how this can happen and under what scenarios will a judge allow it?

Grounds for Child Custody Modification

In conjunction with conservatorship or possession/access, a judge’s decision will always be through the lens of what is in the child’s best interest. And this will always be the case—until your children are 18. 

But there are specific scenarios that would allow you to file a request to modify the existing order. For example, if time passes after your divorce and you wish to spend more time with your children, this alone may not be enough.

When Circumstances Change Materially & Substantially

The circumstances connected to either the child or parent have changed materially and substantially since the agreement was signed and dated. These can be determined on a case-by-case basis, so talking to a family law attorney about your unique situation is critical. 

Examples that would demonstrate a material and substantial change could be the child’s primary custodian getting remarried. Is it in the child’s best interest to be around your former spouse’s new wife or husband? If the child is being mistreated by their step-parent, your attorney may be able to develop an argument to modify your previous agreement.

There are times when it is appropriate for the child’s voice to be heard as well. When they have reached the age of 12, children can tell the court who they would like to live with. Though this does not in and of itself guarantee a change or modification, it is something that a judge will consider when making a decision. 

Let’s Discuss Your Reasons for Child Custody Modification
Since 1995, Amsberry Law Firm has been advising, supporting, and helping clients through family law matters. If you believe you have reasons to modify your child custody agreement, our team can help. Put your trust in a law firm that has experience with all family law matters, including divorce, child custody, and modifications. Contact our child custody attorney today to schedule your consultation.

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Amsberry Law Firm

The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges.

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