Changing the Custody Agreement in Texas

Custody changes are almost inevitable in Texas.

Agreements regarding legal custody (making important decisions for a child) and physical custody (determining a child’s residence) must be in the best interests of the child. These two kinds of custody usually overlap. Best interests are not set in stone. Instead, the best interests of a child change over time. So, as a rule of thumb, family courts should at least reconsider custody agreements at least once every three or four years.

Most good parents want to do what is best for their children. Most good parents also disagree as to what’s “best” for their children. Custodial and noncustodial parents have important legal rights during custody change proceedings. So, both parents should partner with a Ft. Worth family law attorney. A family law attorney streamlines the complex process and works hard to achieve cost-effective and long-lasting outcomes that everyone, parents and children alike, can live with.

Child Custody Factors in Texas

Judges are no better than parents when determining the best interests of the child. This phrase is simply too vague. So, Texas law lists several factors for courts to consider in divorce matters and other initial child custody determinations. These factors include:

• Child’s Needs: This factor weighs heavily in favor of the current conservator. Whether they admit it or not, children, especially young children, need rules, boundaries, and predictability. The child’s physical, emotional, and psychological needs come into play as well. Some parents are well-suited to address such needs and some are not.
• Parent-Child Relationship: Although the roles often overlap, many families have caregiver and breadwinner spouses. As a rule of thumb, caregivers usually have better relationships with children than breadwinners. Furthermore, as mentioned, a custodial parent must have the ability and willingness to meet the child’s needs.
• Child’s Preference: In Texas, children over 12 may express written custody preferences. Social workers are very adept at spotting coached preferences, which is a form of parental alienation syndrome (PAS). Furthermore, the judge, not the child, has the last word in this matter.
• Safety Concerns: Assault against a child or a family member, especially if a child witnessed that assault, is usually a deal breaker. In fact, in many cases, a history of family violence precludes joint custody. Non-criminal matters, such as neglect or endangerment, are a factor as well.

Onset or removal of disability may be the most common basis for child custody modification. For example, Mom may overcome a substance abuse issue, or Dad may be paralyzed after a car accident. Parental fault is not relevant in these areas. The best interests of the child are all that matter.

What to Expect in a Child Custody Change Proceeding

A custody change must be a formal proceeding. Informal “side agreements,” even if written and signed, are unenforceable.

Most child custody proceedings, both modifications and divorces, settle out of court. A social worker’s investigation is a big part of this process. A social worker interviews the parents and otherwise investigates the matter. The social worker’s recommendation is not technically binding on the court, but it might as well be.

If the parties reach an agreement, often with the help of a mediator, the judge usually signs it without requiring a hearing. If the parties cannot reach an agreement, the party requesting custody must prove his/her case by a preponderance of the evidence (more likely than not) to a judge or jury.

Reach Out to a Thorough Tarrant County Attorney

Child custody is not an easy decision. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. The sooner you reach out to us, the sooner we start working for you.