Can I Change My Custody Agreement?

Texas Custody Agreements

While it’s very easy to believe that court orders for child custody are set in stone when issued, judges are aware that life happens and circumstances change. If you experience a significant change in your life, such as a job relocation, then seeking a change to a court order is allowable. Texas law, however, only allows for modifications to occur provided that the reason for seeking a change falls within a specific set of circumstances.

Circumstances Allowing Modification

Typically in order to file for a custody order modification, you have to have faced a significant change in life circumstances, such as a job change or relocation. If you and your ex-spouse do not agree on the modification, then you must file your petition for relocation with the court that finalized your divorce.

There are instances where a divorced couple can change a custody arrangement if they are able to agree to terms on a modification. That modification must then be submitted to the court and approved by the judge in order to take effect and become legally binding. These types of modifications are often faster.

How Modification Works

Once your petition has been filed, you and your ex-spouse will return to court to lay out your arguments for the modification. The judge overseeing the case will be paying attention to three primary factors in your argument:

  • The child in question is over the age of 12 and wishes to change custodial parents.

  • You have experienced a significant change in circumstances.

  • The change you are proposing is in the best interest of the child.

The changes you have faced must be both material and substantial in order for your modification order to be considered. Examples of such changes include the following:

  • Job relocation

  • Job loss

  • Medical condition

  • Abuse or neglect by the other parent

  • Drug or alcohol abuse

Regardless, a judge will always make a determination that is based upon the child’s best interests.

Seeking Legal Assistance

If you are unsure if you qualify for a potential custody modification or if you want to have someone fight for your rights as a parent, then hiring a skilled attorney can help with that. Jeff Gilbert Law Office aims to go above and beyond for our clients and wants to help you win your battle.

Call our team today at (979) 200-6556 or visit us online to schedule a consultation.