Steering You Toward Your Best Options

Why would you have to request child custody modifications?

On Behalf of | Aug 9, 2021 | Blog, Child Custody

Many parents in Texas have child custody arrangements. However, if you have come to realize that yours doesn’t work for you anymore, you have a right to request a modification by the court. Here are a few reasons to request child custody modifications.

Why would parents need modifications to their child custody arrangements?

Usually, the court will only modify child custody arrangements if both parents agree that their current one is no longer working. The first thing the court will always consider is what’s in the best interests of the child. In other words, the court will only agree on child custody modifications as long as those changes don’t disrupt the child’s everyday life or put them in any type of disadvantage.

Reasons to request child custody modification

There are a variety of reasons why you might want to request a modification to your child custody order. The following are the main reasons:

  • Your child is in danger: If the current custody order puts the child in danger, the court will issue a modification. This usually occurs when there’s domestic violence, the danger is imminent or the child has expressed a desire to not live in the home of the parent that may pose the danger to them.
  • A parent has relocated: If one of the parents has or is going to relocate, you can get a child custody modification. The court will consider the motivation of the relocating parent, how the child’s life will be impacted, whether the relocation makes the current visitation order difficult or impossible and whether the parents have communicated a way to revise visitation.
  • The visitation schedule is ignored: The court will consider a modification if one parent is ignoring the visitation schedule. This can be done when the parents both agree and they have been communicating. The parent must also give reasons for not following the current visitation schedule.
  • Death of a parent: If the custodial parent dies, the other will have to request modification so the court can determine if they can gain full custody of the child or if a third party should get custody.

Above all else, when parents have to request child custody modifications, they should have an open line of communication. When they work together to come to an agreement, it works best for everyone.