Contact Us Today 979-703-7014

News & Articles

Steps to Modify a Texas Child Custody Order

Posted by Chris Peterson | Jul 16, 2012 | 0 Comments

Steps to Modify a Texas Child Custody Order

When a parent has decided that he or she would like to make a change to the custody arrangement, whether for reasons of a move, job change, or other event, that parent must prove to the court that the changes will be in the best interests of the child and one of the following:

  • Circumstances of either parent or the child have materially and substantially changed since the custody agreement or order was made; or
  • The child is at least 12 years of age and has filed with the court, in writing, the name of the parent that the child wants to live with primarily; or
  • The parent (“conservator”) who has the exclusive right to establish the child's primary residence has voluntarily relinquished the child to another person for at least six months.

More stringent requirements apply if the change is sought within 12 months after the original court order or custody agreement.

Bryan-College Station family law attorneys at the Peterson Law Group can tell you whether the new circumstances in your case are likely to justify adjustments to a child custody order currently in effect. If you are opposed to a modification requested by the other parent, we can also let you know whether a court will likely look favorably on your opposition.

Steps to Modify Your Bryan-College Station Child Custody Order

 To file for a modification, petitioners must be sure to take the proper steps as follows: 

  1. Prepare the petition. Your Bryan-College Station child custody attorneys will prepare your petition to make sure it is done properly and all the necessary allegations are included.
  2. File the petition with the court.  Your attorneys will also ensure that the petition is filed in the correct court.  Texas courts generally maintain jurisdiction over child custody cases. Unless you or your spouse has moved or otherwise had a change in circumstances that would justify having another court hear the case, you will have to file the petition in the same county courthouse where the custody case was originally decided.
  3. Serve the petition. Whenever you ask for a new hearing or file a custody issue, you will have to ensure the other party receives notice. Your Bryan-College Station custody attorney will make sure all parties entitled to notice are notified properly and proof that they have been served is filed with the court.
  4. Prepare for and attend the hearing. Once the petition is filed, the court will schedule a hearing to determine the merits of the matter. Your custody lawyer will gather the evidence and meet with you and any witnesses in advance of the hearing to review your testimony and prepare you for what to expect.

Contact Bryan-College Station Family Law Attorneys

Contact the Bryan-College Station family law attorneys at the Peterson Law Group at (979) 703- 7014 or by filing out our online form for an initial legal consultation if you need to change your child custody order. The Bryan-College Station child custody attorneys of the Peterson Law Group can advise you about the best ways to deal with any complications that your case might present. We will provide you with the personalized attention that you deserve and use our skills and resources to represent you throughout the legal process to achieve the goals that you desire.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Peterson Law Group
979-703-7031 (fax)
Mon: 08:30am - 05:30pm
Tue: 08:30am - 05:30pm
Wed: 08:30am - 05:30pm
Thu: 08:30am - 05:30pm
Fri: 08:30am - 05:30pm