Modifying a Texas Custody Arrangement

Modifying a Texas Custody Arrangement

By Frank Vendt |

Custody issues can be the most devastating of all divorce issues. In a Texas divorce, child custody can be agreed upon between the divorcing parties or it can be established by the court. No matter how custody is established, events may dictate that the arrangements be modified. If your legal custody arrangements are no longer viable, you need an experienced Texas family law attorney.

Court-established Custody

When the involved couple cannot agree upon custody arrangements, the court will establish new arrangements. In such circumstances, the court takes several considerations into account:

  • The child’s emotional and developmental needs
  • The child’s welfare and best interests
  • The current home of the child
  • Each parent’s involvement in the child’s life prior to the divorce case

Mitigating and Non-Mitigating Factors

If your child is over the age of twelve, the presiding judge will interview your child to take the child’s preferences into account. Children under the age of twelve may also be interviewed, but their preferences aren’t likely to play a significant role in the determination of custody (or the establishment of conservatorship). Texas courts do not take the sex or marital status of either parent into consideration when determining custody, visitation, or access to the child.

Modifying Existing Child Custody Agreements

You undoubtedly came to your child custody agreement in good faith and under considerable stress, but times change, children’s needs change, and family circumstances change. If your child custody agreement no longer serves your child’s needs, modifications can be made. Either parent can file a petition to modify child custody in Texas. If you and your former spouse disagree, the court will order changes after it establishes that the modifications are in the child’s best interests.

The Court’s Considerations

To determine whether an existing custody agreement should be modified, the court will consider several variables:

  • Whether the custodial circumstances have altered considerably since the original agreement was established
  • Whether the child’s physical, emotional, or developmental welfare is endangered by the current arrangements
  • Whether the custodial parent has permitted the child to live with someone else for more than six months

If you need to modify your Texas custody arrangement, you need an experienced Texas family law attorney.

Contact a Katy, Texas Divorce Lawyer Today

If your Texas custody arrangement no longer serves your child’s best interests, it’s in your best interest to contact a skilled divorce attorney. Your attorney will protect your position and fight for your right to custody. A skilled Texas divorce attorney will help ensure that your custody arrangement best serves your child.

To discuss your custody arrangement with an experienced Texas family law attorney, contact The Vendt Law Firm, P.L.L.C., today. Attorney Frank J. Vendt is committed to fighting for your custody rights. To schedule a consultation with Mr. Vendt, call our office today at (832) 276-9474 or send us an email through our online contact form.