Health issues affecting you or your child can greatly impact future custody arrangements, particularly in relation to what is hospital custody. If you have existing court orders from a child custody or divorce case in Texas, the next crucial step is to assess whether your family’s unique situation requires modifications. Don’t focus only on the specific health issues prompting these changes. Instead, understand what constitutes a modification, how courts evaluate modification requests, and the potential scenarios that might lead to future changes.
That is what I would like to discuss with you all today in our blog post. First, we will discuss what a modification is in a Texas family law case. Next, we will talk about how a court can grant or approve a modification request. After that, we will get into custody circumstances for you and your family and how health issues can impact future modification requests regarding these custody-related topics for your family.
What does it mean to request a modification in a Texas family law case?
Sometimes, after a certain period has passed, the family court orders you have regarding custody of your child no longer work for you, your Co-parent, or your child. The thing about life is that it is constantly changing. When we think that we have reached a point in our lives where stability and consistency will be the norm, we find ourselves staring at change. It is, as they say, inevitable. We face change frequently and must adapt to keep up or risk being left behind. You could say that difference is about the only constant that we have in our world today.
I think it is pretty apparent that the coronavirus pandemic has proven to be the most significant period of change that most of us have seen in any of our lifetimes. As we are now firmly in month #7 of the pandemic, we have seen some things change temporarily and slowly start to work back to what they were before the pandemic. Additionally, the long-term health impacts of this virus remain uncertain. Much will depend on how swiftly a safe and effective vaccine can be developed and distributed worldwide. Until then, I doubt that people will feel overly confident about returning to the way life used to be.
However, I don’t see most people using the coronavirus pandemic as the basis for a child custody modification. However, I anticipate situations where existing child custody orders may no longer suit people’s needs. We will discuss this issue towards the end of the blog post, but I wanted to touch on it here to make sure that you knew that I was thinking about the same thing.
Understanding child custody modification criteria
A child custody modification involves one parent filing a request with the judge to modify some aspect of the child custody orders that are in place. A material and substantial change must have occurred in a parent’s life or of one of the children and your family to justify a modification. this means that you cannot simply base an improvement on any particular set of circumstances having changed or by any minute difference of opinion on how custody should work between you and your co-parent. A family court judge will use their experience working with families to determine if a material and substantial change have occurred and if the requested modification is in your child’s best interest.
This is an important aspect to note, which I think does not get enough attention when discussing this topic. Even if a judge rules that a substantial change has occurred, you must still demonstrate that the requested modification is in your child’s best interests. This means that the emotional, physical, educational, in psychological benefits of the proposed modification must be in that child’s favor. If a judge does not rule that the proposed amendment is in their best interests, then the request will be denied.
Judges are cautious with custody modifications
This can sometimes be a high hurdle to clear. The reason for this is that judges are typically very conservative when it comes to granting modification requests. The reason for this isn’t that judges don’t like to change what they have previously ruled on but has more to do with maintaining consistency and stability in the life of your child. If your child has adjusted well to their current situation, the proposed change must significantly benefit their daily life. It is not enough to state that the proposed modification is good or bad. You must be able to show that not only is the proposed amendment good, but it is in that child’s best interests.
A judge will review evidence from both parents during the modification hearing. After evaluating the evidence, the judge will decide if a substantial material change has occurred and if the modification benefits the child. The judge will consider all circumstances and allow both parents to present counterevidence.
In many cases, both parents attend mediation before the court decides. This often results in a compromise where the filing parent feels heard and the responding parent avoids a trial. Mediation typically resolves disputes more effectively than a judge’s ruling.
How health issues can influence a modification case in Texas
In my opinion, for a judge to approve a modification case, the health circumstances must be expected to last for a significant period. This means that temporary concerns over the coronavirus pandemic will likely not be grounds for approval of a modification request. However, I can envision a scenario where a parent and child have to facilitate Visitation via international or long domestic travel in an airplane that may present problems for the near future because of the coronavirus.
I envision a scenario where flying domestically or internationally becomes so tedious and cumbersome because of requirements that the airlines and individual nations are implementing that it is no longer feasible for your child to travel by him or herself safely. A person would only need to watch the news to check in to various health terminals at airports to verify their recent history of travel to combat the spreading the virus. While people may have good intentions to protect the public, parents might resist having their children travel abroad if it requires sharing private health information.
Effects of coronavirus on child custody
On top of that, some airlines may not even allow children to travel by themselves due to an inability to check into flights properly. Of course, I am speculating since we have no real idea of what restrictions and changes will occur with flying due to the coronavirus shortly. Taking a glass half-complete approach to the question, it is possible that with the passage of time and the possible creation of a vaccine momentarily, the coronavirus may drift to the back of our minds and be no more of an issue than the common cold. However, only time will tell, and for now, we have to consider the immediate and long-term effects of the virus on custody determinations.
So, if you file a modification request to prevent your child from having to travel internationally by him or herself, then a judge would need to consider whether a material change in circumstances has occurred for your family. I would argue that if she’s traveling abroad via airplane persists, some judges would believe that the health concerns and overall unpleasant nature of international travel may lend themselves to believing that material or substantial change has occurred.
Balancing child custody with travel concerns
Of course, the second part of this equation is whether or not the proposed modification is in the best interest of your child. If the proposed change results in your child spending less time with their other parent due to travel issues, the court is unlikely to grant your modification request. However, the court might find a compromise, such as allowing your child to travel with an adult or during times when the coronavirus is less prevalent.
Again, I am entirely speculating on this front. I have no specialized knowledge of the virus, and I am not predicting the pandemic’s future. I am trying to illustrate how the current environment regarding our day’s most critical health issue may impact child custody modification cases in the future. The most crucial difference between the coronavirus pandemic and individual health concerns for your family is that the coronavirus, hopefully, will be a temporary and unwanted guest in our lives.
If your family faces long-term health concerns, the court is more likely to approve modifications to your child custody order. For example, if your child has a disabling injury that restricts their ability to travel frequently, the court might approve a custody schedule that allows them to stay with one parent for extended periods. This would not limit either parent as far as time is concerned but would allow both parents to be able to spend time with their child while not burdening him or her with frequent travel back and forth between homes.
Conclusion
When health or educational needs become central to your child’s well-being, understanding what is hospital custody is crucial. Although joint managing conservators usually share responsibilities, special circumstances might require one parent to take a more active role. If ongoing discussions with your co-parent about critical decisions become impractical, and one of you is better equipped to handle these issues, consider seeking a modification to the custody arrangement. Adapting the custody plan to fit your child’s unique needs can ensure they receive the best possible care and support during challenging times.
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 in today’s blog post; please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. Thank you for joining us today on our blog, and we hope to see you again tomorrow as we continue to share unique content about the world of Texas family law.
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