Can You Modify a Child Custody Order After Divorce?
Life often changes after a divorce, and a child custody arrangement that once worked well may no longer meet your family’s needs. When a significant life change occurs, Texas law allows certain custody orders to be modified under specific circumstances. If you are considering seeking a modification, the Fort Worth family law attorneys at the Law Office of Kyle Whitaker can explain your legal options and help you pursue an outcome that serves your child’s best interests.
When Can a Child Custody Order Be Modified in Texas?
In Texas, conservatorship refers to a parent’s legal rights and responsibilities regarding a child, such as making decisions about the child’s education, medical care, and overall welfare.
Possession refers to the time a parent has the child physically with them according to a custody schedule. Access means a parent’s right to spend time with and communicate with the child, including visitation and phone calls.
Conservatorship, possession, and access determine how parents share responsibilities and maintain relationships with their child after a separation or divorce. Under Texas Family Code Section 156.101, a court may modify a custody order if there has been a material and substantial change in circumstances since the prior order was entered and the requested modification is in the child’s best interests.
What Qualifies as a Material and Substantial Change?
Every family is different, and courts evaluate each request based on its unique facts. Common examples of circumstances that may support a custody modification include:
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A parent relocates to another city or state to be closer to family.
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A parent’s work schedule significantly changes, such as a promotion or loss of a job.
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The child’s educational, medical, or emotional needs have changed.
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One parent is no longer able to provide a stable home environment.
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Evidence of family violence, neglect, or substance abuse arises after the original order.
Even when one of these situations exists, the court will carefully examine whether changing the existing custody arrangement would truly benefit the child.
How Does the Modification Process Work?
A custody modification begins by filing a petition with the appropriate Texas court. After the other parent is served with the request, both parties may exchange evidence and present information supporting their positions. Depending on the circumstances, the parents may be able to resolve the matter through negotiation or mediation. If no agreement is reached, the court will hold a hearing and determine whether the requested modification satisfies the legal requirements.
Throughout this process, our lawyers at the Law Office of Kyle Whitaker work closely with parents to advocate for solutions that protect both parental rights and the well-being of the child.
Protect Your Future With the Help of Our Family Law Attorneys in Fort Worth, TX
When your family’s circumstances change, you deserve experienced legal guidance to help you move forward. The Law Office of Kyle Whitaker is committed to helping parents understand their rights and pursue custody arrangements that reflect their child’s current needs. If you need assistance from experienced Fort Worth family law lawyers, contact our firm today online or by calling 817-332-7703 to schedule a case assessment.