If you are a parent or guardian in Texas and need to change a custody order, you should know that it may be possible to do so. Although changing a custody order can be a complex process, Texas law allows parents to request a modification if there is “good cause” to do so. In this article, we will explain the different circumstances in which you may change a custody order in Texas and the requirements you must meet to do so.
What Is a Custody Order?
Before discussing how to change a custody order in Texas, it is important to understand what a custody order is. A custody order is a legal document that establishes who is responsible for caring for and making decisions about a child or teenager. The custody order may also establish a visitation schedule for the noncustodial parent. In Texas, there are two types of custody: joint custody and sole custody.
Joint Custody
Under joint custody, both parents share responsibility for caring for and making important decisions about the child or teenager. Although joint custody does not necessarily mean that parenting time is divided 50/50 between the parents, both parents have the right to be involved in important decisions affecting the child’s life.
Sole Custody
Sole custody means that one parent has primary responsibility for caring for and making important decisions about the child or teenager. The other parent may have an established visitation schedule but does not have the right to make important decisions about the child’s life without the custodial parent’s consent.
Can I Change a Custody Order in Texas?
Yes, it is possible to change a custody order in Texas. However, to do so, you must meet certain requirements. Texas law provides that a custody order may only be modified if there is “good cause” to do so.
What Is “Good Cause”?
“Good cause” refers to any significant change in the circumstances of the child, the custodial parent, or the noncustodial parent that would justify modifying the custody order. Some examples of good cause may include:
– A move that significantly affects the noncustodial parent’s ability to exercise visitation rights
– Mental health or addiction issues affecting the custodial or noncustodial parent that could endanger the child’s safety or well-being
– A situation involving abuse or neglect by the custodial or noncustodial parent
– The child is over 12 years old and expresses a desire to live with the other parent
How Do I Request a Modification of a Custody Order?
To request a modification of a custody order in Texas, you must file a petition with the court that originally issued the custody order. The petition must include specific details explaining why you believe the modification is necessary and must be supported by evidence that strengthens your case.
To request a modification of the custody order, you will also need to notify the other parent of your intentions. The other parent will have an opportunity to respond to your petition and present their own case.
Do I Need an Attorney to Change a Custody Order?
You are not required to hire an attorney to change a custody order in Texas, but doing so is highly recommended. An attorney can help you effectively prepare and present your case and ensure that your rights are protected throughout the process.
What Happens if I Disagree With the Court’s Decision?
If you disagree with the court’s decision regarding the modification of the custody order, you have the right to appeal the decision. It is important to keep in mind that the appeals process can be costly and lengthy, so it is best to work with an experienced family law attorney to ensure that your rights are protected from the beginning.
In summary, it is possible to change a custody order in Texas if there is “good cause” to do so. If you need to modify a custody order, make sure you file a strong petition supported by evidence and work with an experienced family law attorney to ensure that your rights are protected throughout the process.
If you are a parent or guardian and need to make changes to your children’s custody order, we encourage you to take action. Remember that changing a custody order can be a complex process, and having the proper guidance is crucial to achieving the desired outcome.
Share this article with others who may benefit from this information or schedule a consultation with our experienced attorneys at Albizu Law Firm. Call 512-861-5638 to schedule your consultation today.
