Co-parenting following divorce is never simple, requiring that you and your ex work together to provide your children with stability. Texas recognizes different types of custody or possession orders, including a standard possession order that details when the non-custodial parent has the child and when the child travels between households. While the custody order may initially work, as life changes, the order may no longer fit you or your child’s needs.
Our San Antonio child custody lawyer at The Cook Law Firm & Associates PLLC understands that life circumstances are always in flux. If you have recently changed jobs, remarried, or relocated to be close to family, contact our firm to discuss modifying an existing custody order.
What Changes Warrant Custody Modification in San Antonio, TX?
When considering whether to modify an existing order, Texas courts assess whether there has been a material and substantial change in circumstances. This change must create a situation in which modification would be in the child’s best interest.
Examples of when the court would order a custody modification include:
- If a parent changes jobs, causing them to move several hours away
- If a parent’s work schedule changes significantly
- If a parent or a household member has a substance abuse problem or is displaying signs of domestic violence
- If a parent repeatedly interferes with the custody or visitation schedule, such as being late for drop-off or pick-up times, or refusing to release the child during the other parent’s scheduled time
- If a parent had to move to tend to a sick relative
- If either parent remarries and the new household circumstances affect the child
- If the child develops a neurodevelopmental condition that requires specialized schooling, which is only available in a certain school district
How to Request a Custody Modification in San Antonio, TX
To change an existing order, you will need to file a petition to modify in the court that has jurisdiction over your child. The judge will only change your order if you present evidence that necessitates the change. Depending on the reason for the modification request, this evidence may include communications between parents, medical records, police reports, or eyewitness testimony. The court will grant the modification only if you show the change will promote the child’s overall well-being.
Preparing for a Custody Modification Case
Until the court issues a new order, the existing order will remain in effect. You must follow the existing order until you hear back on the court’s decision. Given that custody modifications are often emotionally charged, you may find it difficult to think clearly.
Thankfully, our San Antonio child custody attorney can evaluate your situation and determine which custody arrangement will work best for you and your child. If you have been accused of refusing to comply with an existing order, this can be more challenging. In these cases, collecting evidence and information regarding your character is essential, including interviewing witnesses who can speak to your integrity. Our family law lawyers know what information will best support your claim.
Consult with Our San Antonio Custody Attorney
Generally, a custody order is only modified when there is a material and substantial change in circumstances. If you have had to relocate due to your job, if your child’s needs have changed, or if you recently remarried, a custody modification may be warranted. At The Cook Law Firm & Associates PLLC, our San Antonio custody lawyer will assess the facts to help you decide the best course of action. To schedule your consultation, contact us online or by calling (210) 740-0281 at your earliest convenience.