What Constitutes a Material Change in Circumstances?
Parents are legally bound to the court order for child custody. However, certain circumstances may warrant a need to change the court order. If you wish to have a child support order changed, it is very important that you work with a child custody attorney in College Station who is experienced and knowledgeable about family law.
Establishing a Material Change in Circumstances
A Texas family court is not likely to alter a child custody order unless some significant change has occurred. After all, the judge previously weighed both parents' circumstances, including their ability and willingness to provide for the children when rendering the original order.
Any decision made by the court must be based on a material change in circumstances. The court will weigh the evidence brought to bear on the issue, and determine whether the change is appropriate. In all cases the best interests of the children will be of highest priority.
What Qualifies for a Material Change
Your child custody attorney in College Station will discuss your situation and advise you on whether a judge is likely to approve a change in child custody. A material change in circumstances which might be acceptable for consideration includes:
- A significant change in one parent's financial ability has occurred
- The custodial parent has accepted a job out of state, or wishes to move
- One of the parents has become unfit to care for the children. For instance, the parent may have become abusive, developed an addiction to alcohol or drugs, or begun living with an individual whose presence may not be safe for the children.
It is important to keep in mind that you need to seek an official order from the family court, and not depend upon a verbal agreement made with the other parent. This will protect you from any misunderstandings.