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Can You Modify Child Custody in Texas?

Posted on in Child Custody

TX custody lawyerHandling child custody agreements can be tiring, and sometimes life changes and your agreement may require modifications. As life situations change, you may need to adjust your child custody agreement to keep your child comfortable and safe. Luckily, in the state of Texas, you can modify your agreement under certain circumstances. A child custody lawyer can help you follow the legal procedures to do so.

When Can Child Custody Be Modified in Texas?

The Texas court system always looks at the child's best interests when modifying child custody agreements. Here are a few circumstances where you can ask the court for a modification of your child custody agreement: 

  • One parent needs to move - When a parent has to relocate, the child custody agreement will need to be modified to reflect the new arrangement. It is important to note that parents who share custody cannot usually move without permission from the court and the child’s other parent. 
  • One parent relinquishes their rights - If one parent decides to give up their parental rights, it allows the other parent to step in and make modifications to the agreement. However, giving up parental rights or having them removed is rare and typically only happens under circumstances of severe abuse, neglect, or abandonment.  
  • Safety concerns for the child - One parent may request a change to keep the child safe from physical or mental harm. If you are trying to modify a custody order because violence or neglect is present, you will need to provide sufficient evidence to support your claim. 
  • The other parent is not following the agreement - If one parent violates the condition of the custody agreement, then you can request a modification or ask the court to enforce the order.

How Can I Modify My Child Custody Arrangement in Texas?

In Texas, you must follow the following steps to modify a child custody agreement: 

  • Complete all needed forms - To file a motion to modify your child custody agreement, you must fill out several forms, including a Petition to Modify the Parent-Child Relationship. If the agreement is uncontested, the other parent can sign and fill out the needed forms. 
  • Have forms professionally reviewed - Allowing an attorney to review your documents is in your best interest because you can avoid potential pitfalls that will delay the process.
  • File your petition with the court system - Turn in the necessary forms at the same court where the original order was made. 
  • Attend mediation - Mediation may be necessary to try to settle disagreements with your child's other parent
  • Appear in court - If parents cannot agree about modifying a custody agreement, a judge will consider the arguments made by both parties and make a decision that is in the best interests of the child. Even if both parents agree to make the changes, a judge will still need to review the proposed changes to make sure they are both legal and protect the child’s best interests.

Contact a Collin County Child Custody Lawyer

A skilled child custody attorney can help you with the modification process. The legal procedure is difficult, and having an experienced professional in your corner will benefit you. If you want to alter your child custody agreement, contact our team at the Law Office of Brian Bagley. A Plano, TX child custody lawyer can provide guidance and knowledge to uphold your parental rights. Please call 972-422-2424 for a free consultation. 

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