Modification of Custody Due to Parental Neglect or Substance Abuse in Texas

by Ricardo A. Barrera

Unhappy child on Christmas

It is the end of the year and as such, it is important that parents be proactive in relation to the education, health, and general welfare of the child. If a parent is leaving children alone for personal benefit without competent supervision for extended periods of time, neglecting to bring children to school on time, not participating in supporting the child’s educational needs, is abusing drugs and alcohol, then, it is time to consider bringing a petition to the court to modify the court orders that exist in the best interest of the child. 

In order to bring a petition for modification of custody, for modification of possession and access, or, to request orders from the court for there to be safeguards for the children, you must show the material and substantial change that affects the best interest of the children. You must also retain any evidence that may be useful in proving the neglect or danger presented to the children. Courts take the education and safety of the children very seriously. There is no excuse for children to suffer based on the personal needs, addictions, incompetence, or negligence of the other parent. In some emergency circumstances, the judge may permit a custody change at an emergency hearing, but the burden is great and must be supported with a sworn affidavit and clear and convincing evidence 

To get a free consultation with an attorney from The Barrera Law Firm relating to modification of custody and possession and access, call us at 956-428-2822. You can reach us online by contacting The Barrera Law Firm.

ABOUT THE AUTHOR

Ricardo. A. Barrera

Ricardo Alonzo Barrera is the Managing Attorney at Barrera Law Firm and has practiced law since 2010. His experience includes family law, probate, personal injury, healthcare, and complex civil litigation. He earned his law degree from Texas Tech University School of Law and has also served as a legal correspondent and educator within the legal community.

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