Child Custody Modification

Once a child custody order has been issued by the courts, you may feel like you’re stuck with that decision forever. But child custody modification can happen under many circumstances. When it does, an experienced attorney on your side can make all the difference. Some situations in which custody may be revisited are:

  • Change of residence. Texas law frowns on moving a child out of state or any distance that would create a serious hardship to the non-custodial parent. This is especially true in cases where parents share joint managing conservatorship.
  • Change in circumstances. In the case of an injury or illness that leaves one custodial parent unable to care for the child, child custody modification may be in order.
  • Wishes of the child. Once a child reaches 12 years of age, their preference for custody may be taken into consideration by the courts. If the child desires to make a change in residence or custody, your attorney can help petition the court to facilitate this.
  • Lifestyle changes. If one parent adopts or changes their lifestyle in a way that can be seen as harmful to the child, child custody modification might be the best course of action. This can include onset of depression or other mental illness, alcohol or drug abuse, commission of certain crimes, or allowing dangerous or unsuitable people to be near the child or in their residence.

Keep in mind that attempting child custody modification may increase the vitriol between the parties involved. Texas courts seek to minimize the stress that this can put on a child. Your lawyer should help modify child custody so that your child is not forced to choose one parent over the other or to be directly involved with acrimonious aspects of a hearing or deposition. As an experienced family law attorney, Jennifer Espronceda knows how to navigate the child custody modification process to get the best result for you and your child.