Families may outgrow child custody arrangements and may require modification for the arrangement to continue to work for both parents. However, requesting a child custody modification may be more challenging than you anticipate. To help you navigate the legal process and to achieve a modification successfully, you will need an experienced family law lawyer to help you provide evidence that a new custody arrangement is necessary.
The family law legal team at Moffett Law Firm understands how to handle the most complex child custody cases. With 30 years of combined experience, we can help you assess whether a child custody modification is necessary for your family and how to best support your child’s well-being with a new arrangement. We believe communication is key to achieving your legal goals and offer dedicated legal services from initial consultation to trial, with your best interests at the forefront of our legal strategy.
Reasons to Request a Child Custody Modification in Texas
People’s lives rarely stay static, which means that following a significant life change, a parent may seek child custody modification. For the court to seriously consider a child custody modification, the reason must be valid for the court to grant the request.
The following reasons are deemed valid to seek child custody modification in Texas:
- Relocation: If a parent wants or has relocated and it affects their ability to co-parent
- Substance abuse: If a parent is abusing alcohol or drugs, co-parenting rights may be modified or revoked
- Alienation: One parent alienating the child from the other parent
- Inability to co-parent: If a parent can prove that the other parent is unfit to co-parent
It is in your best interest to discuss child custody modification with an experienced family law lawyer at Moffett Law Firm who can advise how to best resolve your child custody issues and whether the desired outcome of modification is possible.
How to Request Child Custody Modification in Texas
To request a modification of child custody, you have to submit a written request referred to as a Petition to Modify the Parent-Child Relationship. Depending on the response of the other parent, your case may proceed in the following ways:
If the other parent agrees to the proposed modification, then they may sign a form agreeing to the changes in child custody. Everyone may be required to make a court appearance so the judge can review the paperwork and determine whether the request is in the child’s best interest.
No Response to the Modification
If the other parent doesn’t agree to the modification but does not respond by filing the paperwork to object to the motion, you may proceed by “default” after a certain period of time of no response. Then, your case may move forward as if it was uncontested.
The court will set a date to hear testimony from both parents. At the end of the hearing, the judge will determine whether the modification is necessary. There are other special rules that may apply to your unique request, such as the right to appoint the child’s primary residence. At Moffett Law Firm, we will evaluate your request for modification and help you navigate through the legal process, so your best interests are protected.
Schedule a Consultation With the Experienced Texas Family Law Lawyers at Moffett Law Firm
Child custody and modification may be an emotional and challenging process. At Moffett Law Firm, we handle family law matters with a compassionate and aggressive approach to help you achieve your goals. With 30 years of combined experience as fierce litigators, we are prepared to bring your case to trial if necessary.