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Texas courts look at custody modification

There are many challenges associated with child custody, especially if one parent feels that the other got a better “deal” than he or she did.

There are times when one parent may feel that requesting a child custody modification would be in his or her best interest, as well as that of the child. Of course, any agreement cannot be changed without the consent of the court.

Before the court grants a modification, it must find the following things to be true:

— The modification would be in the best interest of the child.

— Circumstances have changed since the original child custody order was signed by the court.

— Any child over the age of 12 is required to file a written statement to change his or her primary conservator.

— The current conservator has given up the care of the child to another party for a period of six months or longer.

These are the types of details the court takes into consideration before modifying a child custody or visitation order. Those involved in such a situation should understand what the court looks at, including how they can present the information to better their chance of a favorable outcome.

Just the same as the court, a child’s parents should be willing to do whatever it takes to put the child in the best position moving forward. This is what matters most in every situation, regardless of whether or not the parents get along.

Anybody who is interested in child custody modification should understand how the process works, what the court looks at and what goes into the decision.

Source: Office of the Lawyer General of Texas, “Modification of Court Orders,” accessed July 07, 2015

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