Changing your Texas child custody order

Times change. Additionally, circumstances involving you and your family also change. Trying to live up to a court order that is six months or six years old can be a challenge. Therefore, you may wonder what the process is like for changing your Texas child custody order. Fortunately, the attorneys with the Law Office of Bryan Fagan consider this subject in detail. We serve clients in the world of Texas family law every day of the week. As a result, we know a thing or two about changing a Texas child custody order.

In today’s blog post from the Law Office of Bryan Fagan, we are going to consider the topic of changing your Texas child custody order. Whatever your motivation for wanting a change is the Law Office of Bryan Fagan can provide you with assistance. As you will see, there are circumstances under which a child custody order can be changed in Texas. However, understanding what those circumstances are and being prepared to present sufficient evidence to a court can be the difference between a successful and unsuccessful case.

Modifications of existing Texas child custody orders 

Child custody orders can be modified in Texas. However, to change your Texas child custody order you must have a plan in place. The basis of a plan involves your understanding of the ins and outs of the modification process. Trying to go into a child support modification case without a plan is a tremendous mistake. Not only are you wasting time but also money. In the short term, developing a plan is essential before you begin your modification attempt.

To change your Texas child custody order you must be able to prove two things. First, you must be able to produce evidence that a material and substantial change in circumstances has occurred in your life, that of your co-parent or your child since the last time you were in court. A material and substantial change references a major change in your life. This cannot be a minor change in the periphery of your life. Rather, this material and substantial change must be something central to your lives.

If you can show a material and substantial change has occurred the next step in the process is to be able to prove that the requested modification is in the best interests of your child. The best interests of the child standard are one that is familiar to anyone who has gone through a child custody case previously. The best interests of the child standard attempt to look at the case based on several different conditions. Specifically, whether your child’s physical health, mental well-being, and other factors are benefited by the requested modification.

What are some examples of a material and substantial change in circumstances?

There are many different changes in circumstances that could be classified as material and substantial. The key to understanding the subject is that the material and substantial change must have occurred since you were last in court. If the material and substantial change you cite in your petition were in place during your last child custody case, then you are unlikely to have your request approved. Rather, you need to be able to show that the change has sprung up since you were last in court. If not, then the reasoning would be that you should have attended to the matter the last time you were in court.

A change in your child’s daily needs is a good reason to file for a modification. For instance, if your child now suffers from an illness or injury that he did not when you were last in court then you may want to file for a modification. The modification requested could be to increase medical or child support to help your child pay for medications. Or, if your child has been going through behavioral issues at his current school then he may need to live with you rather than your co-parent to see if a change in home environment can make a difference positively.

Or, you may have seen a change in your circumstances since the last time that you were in court. Two of the most common changes in circumstances are those that relate to Child support and primary conservatorship. Before we go any further in today’s blog post let’s discuss how these two subjects can impact your ability to change a Texas child custody order. Again, any questions about this subject that you may have can be directed to the attorneys with the Law Office of Bryan Fagan.

Modifying a Texas child custody order related to child support

One of the most hotly contested issues in all of Texas family law is that of child support. Understandably, this is a topic that gets many parents agitated. On the one hand, every parent wants to be able to make sure that their child is cared for to the best of their ability. On the other hand, having to do so while balancing a precarious relationship with a co-parent is not easy. If you are paying child support, then this is especially a difficult subject. Namely, because your income may change over time.

That’s take a hypothetical situation where your income has decreased since the last time you were in court. If you have a job that is not extremely stable you may have encountered a problem with your income previously. Since you were last in court your job has been outsourced to another country. Now you can no longer find work in your desired area you have had to piece together income from multiple sources. While you have been able to keep your head above water it is now more difficult for you to pay child support as well as your other bills.

To this point, you have been able to pinch every penny you have to make sure that you can pay child support. However, with your rent increasing that is no longer going to be the case. While you attempt to modify your child support to a more appropriate number given your current income you must do your best to continue to pay on your child support order. Until that order is officially modified you are still responsible for paying child support to the degree stated in your current child custody order.

Modifying a Texas child custody order related to primary conservatorship

So far in today’s blog post, we have been discussing the subject of child custody. However, it may come to surprise you that child custody is not actually a term that you will find even once in our family code. Rather, the term that we see much more widely used is conservatorship. Conservatorship has to do with your ability to make decisions on behalf of your children. Additionally, it relates to your responsibility to care for and provide for your child. 

Primary conservatorship is the crown jewel of the child custody world. Your ability to determine the primary residence of your child comes along with primary conservatorship. If you want your child to live with you then you need to be the primary conservator. Many times, circumstances arise where you are not able to win this designation in your initial child custody case. However, times change- as we established earlier in today’s blog post. As a result, you can file a modification to change your Texas child custody order. 

A court looks at your parenting history since you were last in court. Any increased involvement in the life of your child should be highlighted. Were you not always the most interested parent years ago, but are now more committed to being there for your son or daughter? If so, then considering a modification is a logical step. However, be prepared to meet resistance from your co-parent. He or she will likely be opposed to your motion. You must have a plan for moving forward in a case like this.

Obstacles to changing your Texas child custody order

Unfortunately, there are frequent roadblocks that pop up during a Texas child custody case. For one, you must consider that your co-parent is not going to be overly excited (to say the least) about your modification attempt. Suppose that you do want to become your child’s primary conservator. Marshaling the evidence, you need to proceed should be at the top of your priority list. Do you know what kind of evidence you would need to win a modification case to change your Texas child custody order?

A lack of a solid understanding of how to proceed with your case is a major roadblock many people encounter in a child custody case. You have a problem- namely that your child wants to live with you, but the order won’t allow it. You know how to solve the problem- via a child custody change via modification. However, what you do not know is how to use the process to achieve the desired outcome. 

This is where an experienced attorney with the Law Office of Bryan Fagan comes into play. We are accustomed to serving family law clients in your exact position. One of the great benefits of working alongside our office is that we know what it takes to help you win. However, you define “win” as what we gear our representation towards. Our attorneys do not take for granted the opportunity to serve you and your family. The lawyers with the Law Office of Bryan Fagan develop a strategy geared towards success with you as a partner.

How the bad actions of a parent affect changing your Texas child custody order

Unfortunately, not all changes in circumstances for your family are positive. Sometimes bad things happen that require a court to consider a modification. A situation involving a client of the Law Office of Bryan Fagan this past year left a strong impression on our attorneys. A young mother hired us to represent her in a child custody modification case. She was attempting to change her Texas child custody order. What added to the difficulty of this case was that was of the essence. 

The situation was that our client’s ex-husband had been arrested for driving under the influence of alcohol the prior week. He ended up having too much to drink at home and got behind the wheel of his truck. What made the situation even worse was that our client’s young daughter was in the vehicle at the time of his arrest. Imagine receiving a call from the police that your ex-husband was being arrested for drunk driving. Add to it that your daughter was in the vehicle. 

Fortunately, the child was not hurt because of the ex-husband’s actions. She was sleeping soundly in her car seat. Our client knew that she had to decide about protecting her daughter’s well-being. So, she hired our office with the hope that we would be able to help her. Here is exactly how we did that. 

The steps taken to protect a child and change a Texas child custody order

First, her attorney filed a motion for a protective order. A protective order allowed our client to withhold possession from her ex-husband due to the danger he presented at that time. The motion was granted. This gave our client a great deal of peace of mind. While she could not feel completely comfortable, she was able to feel like she had more control over the situation.  The protective order provided our client with the assistance that she needed until we could secure a court date in her case. 

As you may have guessed, the next step in the process was to file a modification case. Her ex-husband’s alcohol addiction was something that recently developed. He had thought about seeking help and trying to achieve sobriety but had not committed to a plan. Then the drunk driving arrest occurred. This was a wake-up call for the ex-husband. 

That said, it was not as if our client could trust this man for the time being. The modification case sought to provide our client with a sole managing conservatorship. A sole managing conservatorship gave her the authority to make most decisions independent of her ex-husband. In the meantime, it allowed her ex-husband to try and reform his life so that problems like this did not happen again. 

How can a parent make changes to a Texas child custody order after a mistake?

The ex-husband truly did make a turnaround after this incident. He quit drinking and committed himself to sobriety. He was not able to drive for a period after the arrest, so our client was willing to provide transportation for visitation. This helped him to be able to maintain contact with his child during a difficult time. In turn, this allowed our client and her ex-husband to rebuild some degree of trust between one another. 

We have not heard from our client since her modification case was granted. Hopefully, she is doing well. In the meantime, it would not surprise me if her ex-husband filed a modification of his own. If he truly was on his best behavior and attempted to see his child as often as his orders allowed for. As importantly, he was avoiding alcohol and staying on the straight and narrow. It would allow him to potentially come back to court and ask for a modification of his own to regain visitation time and conservatorship.

Of course, this takes time. It is not like the ex-husband could regain our client’s trust in one day or even one year. However, over time with enough discipline, he would be able to potentially regain time, trust, and conservatorship rights regarding his child. It would be helpful for him to consult with an experienced attorney to him along the way.

Final thoughts on changing your Texas child custody orders

Like anything else in the law, a modification case is a process. Learning what the process is and the steps behind it can benefit you a great deal. That is why reading through blog posts like this one is such a good step for you to take. Become comfortable with the subject matter so that you can gain confidence. 

Don’t stop there, however. When you feel the need to change your Texas child custody orders you should seek help. The attorneys with the Law Office of Bryan Fagan are here to help you learn more. We are experienced, confident, and detail-oriented attorneys who serve our clients. We work for our clients. Interested in learning more? Contact us today for a free of charge consultation. 

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.