Texas Modification of Custody Orders: Changes That May Trigger Change of Custody

by Ricardo Barrera

Mother with Daughter - Texas Modification of Custody Orders - Changes That May Trigger Change of Custody

In Texas, the law generally states there must be a material and substantial change affecting the circumstances of the best interest of the children in order to modify possession and access, child support, or conservatorship (if filed more than one year from mediation date or court date when rendered). 

Some examples of these changes affecting the best interest of the child can be:

  1. Kids having many unexcused absences and are failing in school;
  2. A parent is charged in a criminal case with something that may endanger the children;
  3. A parent engages in substance abuse, whether illegal drugs or alcohol abuse, or is diagnosed as a danger to self or others with a mental health condition that has a negative impact on the children; 
  4. A parent moves in an intimate partner that has a recent dangerous criminal record in the form of violence, sexual assault, child endangerment, or drug trafficking:
  5. A person with custody of the kids is making plans to move away with the children and it is not in the best interest of the child to do that;
  6. A child age 12 or older has expressed a preference to live with the other parent and it is in the best interest of the child to make the change due to compelling factors involving the health, education, and welfare of the child; 
  7. A parent engages in a pattern of neglect or violence with the child;
  8. A parent is actively alienating the other parent from the child and has established a pattern of alienation;
  9. A person has a substantial change in income that is obligated to pay support.

In circumstances where it has been less than a year since custody was granted, a parent seeking modification must have evidence of imminent danger to the child with all appropriate steps in advance of court intervention taken in order to deal with any emergency with first responders, medical examination, or child protective services intervention sought when appropriate. 

The above are some, but definitely not all circumstances in which to petition the Court to modify a Texas Court Order. In order to determine if a modification is necessary, consult a legal professional with trial experience in the matter. 

For a free consultation call The Barrera Law Firm at 956-428-2822 or contact us online to speak to an experienced trial lawyer about your potential case.



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