Child custody modification and legal considerations

On Behalf of | Apr 1, 2019 | Child Custody |

A divorced mother or father with a difficult child custody arrangement may need to request a modification order. Parents can ask the judge to change a custody arrangement. However, Texas courts generally do not wish to make modifications unless a parent names specific reasons recognized by law. If the current arrangement functions for everyone involved, the court will not usually make any changes. The court will not modify a custody arrangement based on trivial reasons.

A judge focuses on the child’s best interests before making any changes. Consequently, modifications normally take place when a child faces immediate emotional or physical danger. The court views domestic violence as a legitimate reason for making any revisions. For instance, a child may live with a parent who has the capacity to cause bodily harm. In this situation, the judge will approve an order to remove a child from the domicile.

Another reason for altering a custody arrangement is when a parent relocates to an area that’s far away from the child’s home. Relocation may mean that it’s no longer possible for the child to visit the parent. In addition, the court considers whether the child will experience emotional damage because of changing schools or the need to make new friends. Furthermore, requesting a modification makes sense if one of the parents refuses to cooperate with the original child custody arrangement.

Divorce causes problems for parents and children. Each person benefits when the initial court-approved child custody arrangement works out. However, a child can suffer when the plan ceases to function according to the original intentions. A parent who has concerns about the welfare of their child should consult with a family law lawyer. An experienced attorney will prepare a convincing case to present before the court.



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