4 Signs It’s Time for a Child Custody Modification

It is the policy of Texas courts to make child custody decisions based solely on the best interests of the child. But what happens if after the custody agreement is finalized, circumstances change? Child custody modification may be warranted in certain circumstances. But how do you know for sure whether your situation necessitates revisiting the custody agreement? Your first step should be to consult with your divorce lawyer or another family law attorney you feel comfortable talking to. A lawyer with experience in family law will have an understanding of custody laws and can advise you as to how to best proceed with child custody modification. Here are four signs that it may be time to revisit child custody:

  1. If the custodial parent intends to move the child far enough away that it constitutes a hardship for the non-custodial parent, it might be wise to get the courts involved.
  2. If the custodial parent has had an injury or illness that impacts their ability to effectively parent or if they can no longer work, child custody modification may be necessary.
  3. When a child is over 12 years of age, their preference for conservatorship can be considered by the courts. If a custody agreement is already in place, a new petition for child custody modification will have to be filed. This is something a family law attorney can do on the child’s behalf.
  4. If either parent remarries, this can be a factor in determining whether child custody modification is warranted.

There are other serious circumstances where a modification of conservatorship or custody might happen. If one parent commits a crime, develops a mental illness or substance problem, or passes on conservatorship of the child to another party, any of these might suggest that it’s time to pursue child custody modification. If you think your situation necessitates modifying child custody, speak to an experienced family law attorney near you.

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