According to Texas law, a court may change your child custody when the change is in the best interest of the child. This includes a set of criteria, which is as follows:
- The child is 12 years of age or older and can directly present the reason for requesting the change.
- The situation of the parent or child has drastically changed since the date of the original order.
- The parent who holds custody has given the child to another person, this includes voluntarily having done so and the child has been in this new individual’s care for at least six months.
Examples of Changes
Some real-life scenarios where a child custody modification may be considered necessary include:
- The parent has moved to a different city, state, or country and visitation is now difficult for the other parent. This is often the case when one of the parents lands a job in a different city or moves for other reasons and visiting becomes extremely challenging.
- The parent has been convicted of illegal activity. This includes being arrested for possession of drugs or other criminal offenses. It’s necessary to remove the child from a bad environment.
- A medical condition has impacted the parent’s ability to safely care for the child. Whether it be a chronic condition that has suddenly become worse or a mental condition that hinders the parent’s ability to care for another individual.
- There has been a lack of supervision from one of the parents. Whether it is because of complete negligence or a new job with different hours, if one of the parents is no longer able to properly care for the child, giving up custody may be the next step.
Other Grounds for Modification
Sometimes the child may openly request changes in custody. However, in order for a judge to consider them, the child must be 12 years of age or older. The judge will determine if the request is in the best interest of the child.
Another valid need for a child custody modification includes military deployment or duty.
What Is Taken Into Consideration?
The court is ultimately concerned with the child’s needs and his or her best interest. The judge will examine the child’s emotional, physical, mental, social, and environmental needs. They are looking to see whether the change in the custody will benefit the child for the long term.
Seek Legal Assistance from a Family Law Modifications Layer
As a parent who may be on the other end of things, this can be especially difficult to grapple with. Taking the steps necessary to earn you and your child a favorable outcome is the best course of action. Here at The Rodrigo V. Ramos Law Firm, we will help guide your case and provide you with the answers you need. We know this process can be difficult but attempting to handle it all on your own will only make matters more intense. Contact our law firm today to discuss the next steps.