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We all seek confidence at crucial moments, especially during a child custody modification case. It’s common to doubt decisions that once felt right, leaving you to question your choices for yourself and your children. This uncertainty can make you hesitate and wonder if you’re on the right path.
Filing for child custody modification can be daunting. The decision isn’t easy, particularly with limited knowledge and concerns about your children’s well-being. Jumping into a family law case without experience is tough, but you likely took a leap of faith because you couldn’t continue in your prior circumstances. Now that you’ve begun the process, it’s essential to build the confidence needed to see it through.
The Law Office of Bryan Fagan understands your position. You want to do what’s right for your family but may feel unsure about the best course of action. Our attorneys and staff are here to guide you in your child custody modification case. We offer free consultations six days a week, in person, over the phone, and via video. With extensive experience in child custody cases, we are equipped to assist you. Serving many neighbors throughout Texas, we provide the support you need.
What does it mean to modify child custody orders?
Going back to court when you have already had one child custody case under your belt can seem like not a lot of fun. From the outside looking at the circumstances that you are facing could lead you to believe that a modification is not necessary. However, you are the parent who has to look out for the best interests of your children while also minding the overall atmosphere in which your family lives. As a result, you have your finger on the pulse of your family better than anyone.
The best interests of your child are what your child custody case will be based around. Instead of focusing on what the parents want it will be the best interests of your child that matter the most. What can catch some parents off guard is that the best interests of your child do not always perfectly align with your own best interests. Sometimes the things that you want to make more sense based on your circumstances than that of your child.
Different factors will come into play for a child when considering their best interests. Not only will their well-being now matter but their future well-being, the home environments of you and your co-parent as well as the roles that each of you have played in the life of your child to this point in their life. These factors plus the experiences of the judge and possibly the preferences of your child are all going to be considered by the family court judge.
What needs to occur when you file a child custody modification?
When considering a change to your child custody orders, something isn’t working well. It might be that your visitation time is no longer sufficient. Perhaps you’ve received several promotions and now earn more money, prompting your co-parent to seek increased child support.
Regardless of the circumstances, you need confidence that your proposed changes justify the effort, time, and money involved. At the end of the case, will the modification substantially benefit your child? Or is it a minor adjustment to your child support orders? Small modifications might be negotiable with your co-parent. However, a family court judge may not approve insignificant changes.
Modifications can’t stem from simple dissatisfaction with existing orders. For example, you may have agreed to a standard possession order during your divorce six years ago. Now, you want more time with your child, which is reasonable. However, this desire must align with a significant change in circumstances since the last court order.
The change must be material and substantial for you, your co-parent, or your child. “Material and substantial” means significant. The change should render the prior orders unworkable to the extent that your child’s best interests require updating them. When you reach this point, it’s time to consider filing for child custody modification.
Even if you believe a modification case is justified, consider your options carefully. Move confidently into your child custody modification case only after attempting less strenuous resolution methods.
Would an informal modification work for you and your family?
What kind of relationship do you have with your co-parent? Can you discuss your child’s issues together? Or do you struggle to find common ground regarding your child? Your answers to these questions will determine if you can manage an informal child custody modification.
An informal child custody modification involves you and your co-parent working together to address the changes you want. It’s easy to get lost in the details of a custody case and forget the basic changes you seek for your child. Step back and assess your goals. Do you want an extra weekend with your child every other month? Or perhaps you want your child dropped off on Sundays at 5:30 instead of 6:00 for quality time before bed.
These are changes you might negotiate with your co-parent informally. An informal modification allows you to implement changes quickly without going to court. This approach saves time and money. If you have a good relationship with your co-parent, this method can effectively achieve your goals.
However, be aware of potential issues with informal child custody modifications. First, the modification remains informal, meaning it’s not enforceable by a judge. Your co-parent might agree to the changes and then change their mind, leaving you in a difficult situation.
Some modifications shouldn’t be done informally. For example, lifting a geographic restriction requires formal approval. Moving based on a verbal agreement could be disastrous if your co-parent changes their mind later. Imagine moving, switching jobs, and reorganizing your life, only to find your co-parent won’t honor the agreement.
If you want to test out a minor modification, an informal approach might work. However, for substantial changes, going through the court is likely best. To learn more about the process or determine if you have a viable case for child custody modification, contact the Law Office of Bryan Fagan.
Is the modification the best or only option?
Going to court impulsively isn’t advisable. You might feel tempted to file a modification case whenever something doesn’t work well for your family. However, consider if the modification is the only or best way to achieve your goal. It’s wise to evaluate your options before filing a modification case.
For example, suppose you want a better arrangement for picking up your daughter for weekend visits. Picking her up at 6:00 pm is challenging because you work across town from her mother’s house. You often arrive 15 to 30 minutes late, which frustrates your co-parent and reduces your time with your daughter.
You start thinking about other options to manage your time better. Should you quit your job and work closer to your daughter? You work in the technology field with transferable skills, but you’ve been with your current employer for over a decade. You have unvested employee stock and are otherwise happy with your job.
Leaving your company might make sense for your daughter, but not otherwise. What other options can you consider? A modification case comes to mind. You might ask your co-parent to change the pick-up time to 6:30 pm. This could prevent her from filing an enforcement case against you for frequent tardiness.
However, filing a modification case might not be the best route. A direct solution might be talking to your employer. Ask if you can start work 30 minutes early and leave at 4:30 pm on Fridays. This would allow you to reach your daughter by 6:00 pm.
This example shows how to solve family issues without filing a modification case. For more complex situations, contact the Law Office of Bryan Fagan. We provide guidance and solutions for child custody modification within Texas family law.
Developing confidence comes with having a plan
Have you ever noticed people who seem confident in everything they do? They’re not arrogant but purposeful and efficient. Think of a project manager who meets every deadline or a family member balancing career and kids while sending handwritten notes. How do they achieve this?
These individuals succeed because they have a plan and act intentionally. Planning is crucial. In child custody modification, you don’t start with a plan. Instead, you develop one by understanding your case and options. This blog post helps you start, but your planning shouldn’t end here. Apply this general information to your specific case details.
Being intentional is the next step. Focus on your goals without distractions, just like the people you admire. No wasted movements, just clear, goal-oriented actions. This focus helps you stay on track and accomplish your objectives.
If you want to approach your child custody modification case with this level of intention and focus, contact the Law Office of Bryan Fagan. We provide reliable information about your case. Our experienced family law attorneys offer support and confidence. We are here for you, ready to develop a strategy and stand by you. Thank you for spending part of your day with us on our blog.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our experienced family law attorneys 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 as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
