Houston Child Custody Modification Lawyers

The Texas Family Code allows for either parent to file for a modification of a prior child custody order.

Perhaps you want to change or increase the amount of time that you spend with your children, particularly if circumstances in your life have changed. Our Houston modification lawyers can help you through the process of modifying child custody orders.

What Can Be Changed After a Divorce Decree Is Final?

Child custody, visitation, and child support can all be modified after a divorce decree is final. Either of the child’s parents can file a petition to modify with the court that issued the original custody order.

Certain other parties who are not the child’s parents can also file a petition for modification. These parties include:

• Anyone who is listed as a party under the current custody order;
• Certain blood relatives of the child if both of the child’s parents are dead or agree to the modification;
• Certain blood relatives of the child if the child is currently in physically or emotionally harmful circumstances;
• Non-foster parents who have had actual care, control, or possession of the child for at least six months; and
• Individuals who have lived with the child and the child’s now-deceased guardian for at least six months.

There are different standards for modifying child custody and visitation orders versus modifying child support orders.

A Houston child custody modification attorney can help you navigate these standards.

When Will a Texas Court Modify a Custody or Visitation Order?

The court will always decide custody or visitation modifications based on the child’s best interests. If you are filing a petition to modify, in addition to proving that the change is in the child’s best interests, you must show either:

• The child is at least 12 years old and tells the judge that they want to change which parent is their primary caregiver;
• There has been a material change in the circumstances of either the child, one of the parents, or anyone else who is affected by the custody order; or
• The parent or other person with primary custody of the child has allowed someone else to be the child’s primary caregiver for at least six months.

While changes in circumstances are important, the ultimate deciding factor for the court is the best interests of the child.

Best Interests of the Child

Courts consider a variety of factors in determining whether custody and visitation changes are in the child’s best interest. A court may consider some or all of the following factors, depending on the situation:

• The stability of each parent’s home, including who else lives in the home with each parent as well as things like each parent’s work schedule;
• Each parent’s plans for meeting the child’s needs;
• Actions by each parent that may indicate what kind of a relationship they have with the child;
• The programs each parent has access to that can assist with meeting the child’s needs;
• The child’s current and future needs;
• What the child wants if the child is 12 years or older; and
• Potential dangers to the child in either parent’s home.

The court usually considers all relevant circumstances to determine what is in the child’s best interests. A Houston modification lawyer like those at The Larson Law Office can help you prove that the custody changes you want to make are in your child’s best interests.

When Will the Court Modify a Child Support Order?

Under Texas law, the court may modify an order for child support, including medical and dental support, if:

• The circumstances of either the child or another person who is affected by the order have materially and substantially changed; or
• It has been three years or more since the last child support order was issued and following the Texas child support guidelines to determine a new support order would result in monthly support payments that are different from the current monthly payments by at least 20% or $100.

If the original child support agreement specifies a support payment amount that is not based on the Texas child support guidelines, however, you may modify the support order only if there has been a material and substantial change in circumstances.

There are two basic circumstances to modify custody orders:

• First, a visitation order can be modified if the parents agree to the modification and the court finds it to be in the children’s best interest.
• Second, a visitation order can be changed if a party shows that there has been a “material and substantial change” to the circumstances of the child or a parent. A material and substantial change can occur in a variety of contexts.

If you need to change your current situation regarding child custody or visitation, our family law attorneys can protect your interests and firmly advocate on your behalf in the courtroom for modifying child custody orders.

Contact Houston’s The Larson Law Office online or call (713) 221-9088 for a free case evaluation.