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Reasons to Modify Child Custody

Posted by Chris Peterson | May 16, 2014 | 0 Comments

Reasons to Modify Child Custody

Reasons to Modify Child CustodyFamily courts in Texas recognize that situations arise sometimes which necessitate a change in custody of the children. A Modification is not granted automatically, however, especially if there is some dispute between the parents or if the request comes within a year of the initial custody order. If you are seeking a modification, it is important that you work with a Bryan child custody attorneyto ensure that your best interests are represented.

Changing a Custody Agreement

When you and your attorney discuss the modification, he will explain in detail the procedure, but in essence you will need to petition the court. If the other parent agrees to the change, the court will likely grant it. However, should the other parent object, the judge will calendar the matter for trial.

If you are seeking a change in custody, you need to convince the court that it is in the best interests of the children. Texas family courts always hold as their priority the children's health and well-being. When your Bryan child custody attorney drafts the petition to modify, thus, he will write it in such a way that shows the change is best for the children.

Reasons Recognized by Texas Courts

A modification request brought before the court within a year of the first one, or one that is disputed by the other parent, will usually only be granted if the home of the custodial parent poses a danger either physically or emotionally to the children.

In other cases, the court will grant a request for modification if circumstances have changed materially and substantially. Your Bryan child custody attorney will discuss your case to determine whether it is likely that the court will grant a modification, but material and substantial change generally includes:

  • A medical condition has arisen which makes it difficult for the custodial parent to provide adequate care of the children.
  • The custodial parent is planning to move more than 500 miles away.
  • The custodial parent remarries.

The judge will also take into consideration a request by a child for a change of custody, but may not grant the change solely on information from interviewing the child. It should be noted that if the modification is requested on the grounds of safety issues, evidence will be necessary to substantiate the claims, including witness testimony.

Talk to a Bryan child custody attorney for Help

If you are seeking a modification in custody, or need assistance with another family law matter, a child custody attorney at Peterson Law Group can help. Call to arrange a consultation at 979-703-7014.

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.


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