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Is It Time to Get a Child Custody Modification?

Is It Time to Get a Child Custody Modification?

By Frank Vendt |

Custody and visitation arrangements sometimes become obsolete for a family. Other times, the orders are unworkable from the beginning. In either case, a parent may wish to get the order changed so it is a better fit for the family or so it reflects changes that have not been memorialized in an order but that both parents have been following.

Who Can Request a Modification?

Either parent or anyone else who has custody or visitation rights in the current order can request the modification.

What Must Be Shown to Get a Modification

In order for a court to hear your request for the modification you must show that:

  • The situation of the child or parent has “materially and substantially” changed since the last order;
  • The parent with legal custody allowed the other parent to provide full-time care for the child for at least six months; or
  • The child has reached at least age 12 and will be able to express to the judge in chambers where he or she would like to live a majority of the time.

After you show that you are entitled to a modification, you then must prove that your requests are in the best interest of the child.

If Both Parents Agree to a Modification

If both parents agree, the new agreement can be written, preferably by an attorney, and submitted to the court. When both parents agree, the court will usually sign a new order without a hearing.

If you and the other parent have been amicably following your own custody and visitation schedule, it is important to write down the new agreement and file it with the court. If you do not do this, the other parent could at any point refuse to comply with the new agreement, or you could be considered by the court to be disregarding the court-issued order.

Contact a Richmond, Texas, Divorce Attorney

If you have questions about an existing child custody and visitation order, you should call the Vendt Law Firm, P.L.L.C today. Mr. Vendt is an experienced Richmond divorce attorney who is qualified to review your case and determine if you qualify for a custody and visitation modification. To schedule a consultation, call our office today at (832) 276-9474 or contact us online.

 

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