Custody Modification

In a divorce with children, no divorce can be finalized in Texas without the finalization of child custody orders. Child custody orders may also exist on their own, should the parents of children never marry. Regardless of how the child custody orders come about, although finalized and signed by the presiding judge, child custody orders may at times be subject to modification. Custody orders may be subject to modification whenever one or both parties have experienced some sort of substantial change.

So what sort of events might justify a custody order modification? Texas Family Code §156.101 states that a court may modify an order if it is found that the circumstances of the child or either party has been materially and substantially changed since the order was finalized. Material and substantial changes include, but are not limited to:

  • Parental abuse
  • Parental health
  • Either parent moving
  • If a parent finds themselves in jail
  • If a parent re-marries
  • A parent preventing visitation
  • If the child is having a problem with the current order

If any of these events have occurred while your child custody orders are in effect, your custody order may be subject to modification. Joint custody orders are more easily modified than sole custody orders, and an experienced attorney at Duckworth & Ray, L.L.P. can help you determine whether your case is right for modification. Our experienced lawyers can help you file a petition for custody modification, and stand by your side through the entire process.

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