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Modifying a child custody order

On Behalf of | Apr 20, 2022 | Child Custody

Divorced parents in Texas can benefit from working together for the sake of their children. Sharing custody in an amicable way is helpful. However, there are instances when it might be necessary to request modifications to the custody order.

The current visitation schedule isn’t working

If one parent isn’t upholding the current visitation schedule for any reason, it’s a good idea to ask the court for a modification. There might be a legitimate reason that the schedule doesn’t work.

One parent has died

Tragically, one reason you might need a child custody order modification is that one parent has passed away. If that was the custodial parent, the court will determine whether the non-custodial parent will now get full custody of the child. Depending on the circumstances, the judge will consider if this is feasible or if a third party should get child custody instead.

The child is in danger

The child’s safety and well-being are the most important things to the court. As a result, if the child is in imminent danger being in one parent’s household, it will make modifications to the custody order. This is possible when there is a situation of domestic violence and the child has stated that they don’t want to be in that parent’s home because they are scared.

One parent has moved

If one of the parents has moved far away, a child custody modification is often necessary. Depending on the distance of the move, the child’s life could be disrupted if they have to spend some of their time at that parent’s new home. For example, if it’s the middle of the school year, the child would have a problem finishing their studies. They would also be moved far away from their friends and everything and everyone familiar to them.

The court will accept modification requests as long as they are in the best interests of the child.