In divorces involving children, the Texas court prioritizes the best interests of the child above all else.
Additionally, the court recognizes that the needs of children change as the years progress. Therefore, modifications to custody are sometimes necessary.
Some general rules that affect modification
Any number of circumstances may prompt one or both parents to seek a modification of the custody agreement. Unless there are extraordinary circumstances, you generally must wait at least one year to seek a change of the original agreement. Additionally, you must prove that a material and substantial change occurred either for the child or the parent following the initial agreement. If the request to modify involves geographic relocation, the court often makes it very difficult.
Reasons for seeking modification
Some parents simply want more time with their children. However, most cases involve changes in the child’s life as they age. For example, as children get older, parents tend to have more disagreements over medical arrangements. Some parents seek changes to custody as a result of child support disputes. However, parents typically must wait three years to request a modification of child support unless either the parent or child experienced a substantial or material change.
Collecting evidence to support your case
The parent who requests modification should provide adequate evidence to support the need for a change. Some beneficial evidence includes communication through text and email, a detailed calendar, a journal, and photographs.
Most of the time, modifications are not easy. The process may be lengthy and costly. However, the well-being of the child is worth the hassle.