Throughout people’s lives in Texas things change. People may have different jobs, lose jobs, buy homes, get married and have children, get divorced be injured or develop a disease that has major effects on their lives. All of these major life events in addition to the smaller changes to people’s schedules or lives can have a big effect on the individual’s life as well as the lives of their family and those around them.
As life can change significantly, things that may have worked for people years prior will no longer work for them. This could be true for a child custody order as well. When the initial order was issued, the children may be younger and could remain in place for many years. However, over time as circumstances change that order may no longer be in the children’s best interests. Therefore, it may be appropriate to modify the order to reflect the current situation.
One way parents may be able to modify their child custody order is by agreement. Parents over time may naturally adjust the custody schedules based on changes and could agree to modify the order as well. However, if one parent does not agree to the modification the other parent could ask the court to modify it over the objection of the other parent.
The parent seeking the modification must show that there has been a substantial and material change in the circumstances. They then must prove that the changes have made the old order inappropriate for the children or that one of the parents moved without giving the appropriate notice to the other parent.
There are many parents in Texas who have current child custody orders. However, those orders may have been in place for many years. The parents lives or the lives of the children may change and the custody order may need to be changed as well. Some parents may be able to discuss the changes and agree to modify orders, but if they agree one parent can still seek a modification in court. These cases are very fact-specific to the unique circumstances of the family and consulting with an experienced attorney could be beneficial.