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Modifying a Child Custody Order: A How To Guide for Texas Parents

Whether you were once married to your child’s other parent or had the child together, the Texas Family Code allows for either parent of a child to file to modify the prior child custody order. If you were once married, the prior order is likely your Final Decree of Divorce. If you were not married to your child’s other parent, then the order to be modified is likely a final order in Suit Affecting Parent-Child Relationship.

It is not enough to want to see a change occur in whatever order is currently in place for you, your child, and your child’s other parent. The purpose of today’s blog post from the Law Office of Bryan Fagan, PLLC, will get into the specific standard that Texas courts apply if you petition for a child custody order modification.

What Are a Material and Substantial Change, and How Does It Affect Your Attempt to Modify a Custody Order?

Within the Texas Family Code, you will find section 156.101(a)(1). This section contains the standard by which courts will determine if your situation passes muster as far as having enough evidence in place to warrant a modification of a child custody order. Make no mistake.

Courts actively avoid modifying prior orders unless absolutely necessary, striving to maintain consistency in a child’s life. Consequently, rather than easily granting modification requests, a court rigorously examines whether they meet the strict legal standards for modifications.

Firstly, any modification must prioritize the child’s best interests, a fundamental standard in Texas family law courts for assessing decisions in family law cases, regardless of their size. Secondly, a family court judge must determine whether there have been material and substantial changes in the circumstances of the child, conservator, or another party involved since the last order was issued.

In Texas family law, “material and substantial” lacks a clear definition. Winning a modification case in Texas might not be straightforward, but it’s reassuring to know that judges have considerable discretion to decide if circumstances justify a modification. However, the responsibility to prove this falls on you and your lawyer.

What Sort of Guidance Have Texas Courts Provided in Defining Material and Substantial Change?

Modifying a Child Custody Order: A how to guide for Texas parents

An appellate court in Dallas recently took up a case in which it reviewed factors that it had previously relied on in determining whether a material and substantial change was present for any party or child to the modification suit. Specifically, this court noted that even the remarriage of one parent and a subsequent move to a different home could equal the material and substantial change requirement outlined in the Texas Family Code for a successful modification attempt.

The court actively considers a child’s physical, emotional, mental, and moral well-being when determining if a material and substantial change justifies modifying a child custody order.

On the other hand, merely aging does not typically provide sufficient grounds for a court to modify an existing order. While it’s a universal fact that every child grows older, this alone does not constitute a material and substantial change. However, if the evolving, age-appropriate needs of your child—be they physical, emotional, educational, or otherwise—are not being met, the court will take this into account when considering a modification request.

What Is the Bottom-Line for Your Modification Case?

Because the Texas Family Code does not specifically define the term “material and substantial change” or even give clues for a court to consider its meaning, that provides ample opportunity for judges across our state to decipher its meaning. If you are interested in filing for a modification of a prior child custody order, you can take heart in this fact.

On the other hand, courts are generally not apt to change an order that its court granted just a few years prior. This implies that you and your attorney must prepare diligently and thoroughly to present your evidence effectively, ensuring the best chance of winning your desired modification, even if your situation justifies considering a modification.

This means communicating early and often with your attorney and preparing for and organizing your case even before hiring an attorney. The work you do at the initial stages of your case can make a tremendous difference in your efforts’ long-term success or failure.

Additional questions on a child custody modification? Contact the Law Office of Bryan Fagan

Modifying a Child Custody Order: A how to guide for Texas parents

If you want to pursue a child custody modification, then there is no better group of attorneys to consider hiring than those with the Law Office of Bryan Fagan, PLLC. Our office combines the experience of successfully handling modification cases for clients across all of southeast Texas and the advocacy and understanding of the sort of difficulties you and your family are facing. A free of charge consultation is available with one of our licensed family law attorneys six days a week. Please contact us today to learn more about our office and how we can assist you and your family.

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Other Articles you may be interested in:

  1. 12 Texas Custody & Conservatorship Battle Tips
  2. Child Custody Basics in Texas
  3. Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
  4. Child Custody Basics in Texas
  5. Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?
  6. Sole Managing Conservator in a Child Custody Case in Texas?
  7. Help!! My Ex-Spouse Kidnapped my Child
  8. How Much Will My Texas Child Custody Case Cost?
  9. When Can a Minor Child Weigh in on Custody Decisions in Texas?
  10. Child Custody Geographic Restrictions in Texas
  11. Modifying your divorce decree in Texas
  12. Courts require valid reasons for modifying visitation rights

 

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Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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