How Do I Modify Child Custody or Visitation Arrangements in Texas?

Court orders must reflect current circumstances, not prior circumstances.

A court will legally modify child custody or visitation arrangements in Texas if circumstances have substantially, permanently, and unexpectedly changed. These three words have very specific meanings in this context, as outlined below.

We stress the need for a judge to legally modify divorce or other family law paperwork. Informal side agreements, even written agreements, are not enforceable in family court. If Mom and Dad informally agree to alter the parenting time plan, and Dad unilaterally decides to go back to the way it was, Mom has no recourse. In fact, if she does not follow along, she could be penalized for disobeying a court order.

If a Ft. Worth family law attorney diligently lays the proper groundwork, a judge typically signs a modification order without requiring a hearing. More on that below as well.

Basis for Modification

We touched on the three main elements of child custody or visitation modification above. Now, let’s examine them more closely.

As a rule of thumb, a substantial change is more than a 10% change in the proportion of overnight visits. A substantial change is possible in other ways as well. One non-overnight change we frequently see is children staying with Dad after school until Mom picks them up. Once again, this arrangement must be substantial, as opposed to occasional.

Also, as a rule of thumb, a permanent visitation or custody change is one that lasts at least three months. An example would be a parent who breaks a leg, and the temporary mobility impairment precludes active parenting. If a Ft. Worth family law attorney rushes to the courthouse too quickly, and the change is not permanent, the parents may be back in court a few months later, undoing that change.

Finally, the change must be unexpected. Many children quickly learn how to play the system. They get mad at Mom and move in with Dad, or vice versa. Such changes are not unexpected and usually are not permanent either.

A few words about move-away modifications which may be the most common custody/visitation modifications in Texas. Frequently, these actions are dual modification actions. Divorce decrees usually limit the children’s residence to a certain county, like Tarrant County and contiguous counties.

A move-away motion to modify must address that language, as well as the intended move. A judge will most likely approve the move if it is in the best interests of the children, which is different from the best interest of the parents.

Modification Procedure

Usually, before Ft. Worth family law attorneys file legal paperwork on behalf of one parent, they negotiate with the attorney for the other parent. Sometimes, they enlist the help of a professional mediator. These negotiations usually involve some give-and-take. For example, if Mom wants to take the children and move to another state, Dad may agree if Mom pays the lion’s share of the children’s travel expenses.

If the parents cannot agree and the case goes to court as a contested matter, the judge usually commissions a social worker to evaluate the matter. The social worker thoroughly investigates all the facts and talks to all the people involved. The social worker’s report is not technically binding on the judge, but it might as well be. Very few judges overrule social workers’ recommendations.

This added scrutiny, as well as the delay and added expense, is a good reason to resolve disputes out of court. Such a resolution also presents a united front to the children.

Count on a Detail-Oriented Tarrant County Family Law Attorney

Judges only modify custody/visitation orders in certain situations. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whittaker. Convenient payment plans are available.