In Texas, a new partner or other person that is brought into a child’s life will not automatically change custody arrangements. However, if the partner or spouse introduces stability or physical danger, then the court may reexamine custody terms. As always, before modifying custody, the court evaluates whether there is a material and substantial change in circumstances. To discuss your custody concerns, contact our San Antonio child custody lawyer today.
Understanding the Impact of New Romantic Partners on a Child’s Well-Being
Divorce is a major life change for everyone involved, especially your child. Their sense of stability may be shattered, and they may not know how to move forward. Your child is attempting to find a new sense of normal. In the midst of this shift, introducing a new romantic partner may only confuse your child further. It may even exacerbate feelings of confusion and anxiety. Your child may be divided regarding which parent deserves their loyalty. When a partner is brought into the picture early in the transition period, it can impact a child’s emotional and developmental welfare.
Best Interests of the Child Standard
The court recognizes that new relationships create new family dynamics and the potential for conflict. The court has a list of factors (known as “Holley factors”) that it evaluates in all child custody matters, including modifications, to determine what is in the child’s best interests. Again, the court will modify only if there is evidence of a material and substantial change in circumstances.
The Holley factors include:
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The child’s wishes;
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The child’s physical and emotional needs (presently and in the future);
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If the proposed residence presents a risk of physical or emotional danger;
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Each parent’s ability to care for their child;
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The programs available to promote the best interests of the child;
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The living, educational, and care plans proposed by the parent seeking custody;
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The stability of the home or proposed placement;
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Any acts or omissions that suggest that the parent-child relationship is improper; and
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Any explanations for a parent’s concerning behavior(s).
Does Remarriage Create a Substantial Change in Circumstances?
After a custody order (or possession order, as it is known in Texas) is in place, the court will only reexamine the terms if there is a material and substantial change in circumstances. Regarding remarriage, this may include the remarried parent relocating to live with their spouse, new step-siblings residing with the child, parental alienation, or other instability in the home environment.
If you believe that there is evidence of instability in your child’s new home life, our San Antonio child custody attorney is happy to assist you. In these cases, evidence of inconsistency in pick-up schedules, blocked communications, and disinterest in the child may highlight the need for a custody modification.
Speak with Our San Antonio Child Custody Attorney Today
Understandably, you want your child to have a nurturing and stable home environment. If you believe that a modification to a custody order may be necessary, contact The Cook Law Firm & Associates PLLC today. Our San Antonio child custody lawyer is committed to doing what is best for you and your family. To arrange your free consultation, contact our office online or by phone at (210) 740-0281.