What does it take to get a child custody modification in Texas?

When you were hammering out the details of your custody arrangement with your ex-spouse in court, you did your best to predict the arrangement that would work best with your schedules while ensuring that your children got the time that they need with both parents. Now that several months or years have passed, your initial arrangement might no longer be practical. However, even if you and your spouse agree on a modified schedule, you must still follow the proper protocol for requesting a modification to your arrangement through the court.

What courts consider when evaluating a potential modification

You will have to apply for modification in the same court that granted your initial divorce decree, since that court likely still has exclusive jurisdiction over your custody order.

Just as when they made your initial child custody arrangement, the court will always keep the best interest of your children first and foremost when approving or rejecting custody modifications. In many cases, your ability to obtain the modification will depend upon your ability to demonstrate how the modification would be the best thing for your child’s wellbeing.

Material change of circumstances

Texas law gives courts jurisdiction to make a modification to a custody order if the court is convinced that a material change in the circumstances of one or both parents has occurred that necessitates the modification. In other words, you will have to explain to the court how your circumstances have changed enough to require a new custody arrangement.

Sometimes a modification of custody is in the best interest of all parties, and you will all benefit from it. However, if your ex-spouse is not in agreement with your proposed modification, then you will have to fight in court to get the court to approve the modification despite their objections.