After some consideration, you might think changing your child custody arrangements is necessary. Maybe you want to spend more time with your children, or new circumstances have arisen and you need to adapt.
Even though it might be challenging to adjust custody arrangements after the divorce decree is final, you can still modify them in Texas for good reasons. Following, we share some steps needed to change the current custody terms.
Start negotiations
The first step is to discuss the proposed modifications with your ex-spouse and negotiate them. If necessary, request mediation. After both agree that the new custody settlement will benefit the children, you can proceed to make it official.
Sometimes, the situation with your ex-partner can be difficult or there might be disagreements on fundamental aspects. Even if that is the case, you can still request the court to change the custody arrangements and seeking legal advice can make a difference in handling your case.
Let the evidence talk
Following the negotiations with your ex-partner, it is time to act. You need to file a motion to modify custody arrangements in the court. You must present evidence that circumstances have changed since the court order was issued, such as a new job or residence, or that kids have grown and now have different needs.
After you file the request, you must pay a fee and serve your ex-spouse. Attach an agreement to your petition if it was a decision of both parents. The court could approve the adjustment without a court appearance under such a scenario.
Present your case
If there is no agreement, the court will decide when both parties present their arguments. In Texas, the court will consider many factors, including the wishes of a child over 12 or how the material circumstances of a parent have changed.
It is essential to consider that if you want to modify a court order within a year, you must either present evidence that the child is in danger, the custodial parent left the child voluntarily for more than six months, or both parties agree to the changes.
As a parent, you always want the best for your children. If you consider that changing the custody arrangements might benefit them, do not hesitate to contact an attorney with experience in family law.