In Texas, an order relating to a parent child relationship means an order that deals with the management of child, possession and access. support, and orders providing for the best interest of the child.
One can modify any issue in a previous child support, possession order, or custody order that was previously rendered, but different rules apply, depending on what you want to modify. What is generally important to know is that a modification may generally be requested through a Petition to Modify the Parent Child Relationship when there is a material and substantial change that affects the circumstances related to the best interest of the child. Timing is key and a legal professional would help one guide the determination as to whether a modification is appropriate. If a modification is not appropriate, they may be dismissed with potential attorney fees and court costs being awarded to the other party.
The stronger reasons for a custody modification in a Texas court have to do with a danger to the children. Courts are very alert to drug abuse, violence, and neglect. Neglect can come in the form of routine tardies, ignoring bad grades, not providing proper care, and also lacking discipline where necessary in the best interest of the child. The courts will often employ the assistance of a court advocate for the child to investigate these circumstances. The court may sometimes order drug tests, alcohol monitoring, or even order a counselor to be appointed to find out what is happening from the perspective of the child.
A parent may want to move away with the child, and if this happens, it may result in a substantial burden on the other parent to maintain frequent access to the child, not to mention the possibility that relocation of the child may cause confusion and harm to the child’s best interest. When there is no geographic restriction imposed in a prior order, it may be necessary to request one through a modification and request in the alternative if the other parent is proceeding with an imminent relocation, that custody also change to the other parent.
When a child is over the age of 12 years old, there is a provision in the Texas Family Code that the child be allowed to confer with the judge about a changing custody to the other parent in some instances, but the court must also find that it would be in the best interest of the child to do so. The court would look at factors involving the parent seeking custody being present, the parent being engaged in the child’s health, education, and maintenance, and the ability of the other parent to co parent.
For more information, call The Barrera Law Firm for a free consultation with an attorney on how to proceed at 956-428-2822. Or reach out to us online.
