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Child custody modifications and the legal requirements

On Behalf of | Apr 3, 2019 | Divorce

Divorce in Texas and elsewhere involves strong emotions. It is sometimes necessary for one divorced parent to appeal to the court for a child custody modification. A parent may have more than one reason for appealing to a judge. The court must follow one basic legal regulation requiring a judge to act in a child’s best interests. This means that the court will not modify a child custody agreement without good cause.

If a child custody plan works well for the child, a judge does not agree to modify the custody arrangement. A judge looks at the issues with discernment before approving a modification. However, domestic violence gives the court a valid reason for modifying a child custody agreement. Violence occurring in the custodial parent’s home causes a child to live in a dangerous environment. When danger has the potential to harm a child, the court may grant custody to the noncustodial parent.

A judge also considers the child’s opinion about real dangers existing in his or her home environment. Parental relocation offers another reason for the court to modify a child custody agreement. The court considers the parent’s reason for relocation. A judge decides whether the move makes it impossible for the other parent to visit his or her child. Relocation may cause the child to lose friends at school or give up sports team memberships. Accordingly, the court may decide to approve a child custody modification.

A parent seeking to alter a child custody arrangement should consult with a family law attorney. A child custody modification makes sense if the child experiences issues caused by parental relocation or dangerous living conditions. A divorce lawyer understands legal child custody regulations regarding child custody agreements.