If you have recently moved, your child’s needs have changed, or either you or your child’s other parent has experienced a change in income, you can file a petition to change an existing order. In Texas, this process is known as a modification of the parent-child relationship. Either parent may file a modification suit, although other family members may be eligible if they meet specific criteria. Our San Antonio child custody attorneys can advise on what circumstances would warrant a change in terms.
When Will The Court Grant a Conservatorship Modification?
Texas law refers to child custody as conservatorship and possession/access. For the modification to an existing conservatorship order to be granted, the court will want to see a “material and substantial change in circumstances.” You may seek to modify possession (rights to time with the child), conservatorship (rights to make legal decisions on behalf of the child), or access (visitation rights). To file a modification suit within one year of the prior order, one of the following must apply:
- The parent granted primary conservatorship is requesting or agrees to the change; or
- A child’s present living situation endangers their physical health or may damage their emotional development; or
- The parent granted primary conservatorship has allowed another person to have primary care and possession of the child for a minimum of six months. (However, this does not apply if the primary custodian is on active duty military deployment.)
Reasons a Judge May Grant a Change in Conservatorship
Texas courts may grant a change in a conservatorship order for any of the following reasons:
- If a parent has moved far away, then a judge may review the visitation schedule to see if it remains practical given the distance between households.
- A parent has experienced financial instability, such as a job loss, pay cut, or demotion, that would interfere with their ability to take care of their child.
- If a parent is experiencing any mental health issues, substance abuse, or any other condition that would impact their ability to take care of their child, then the child may be at risk.
- Changes in a parent’s living situation, including moving to an unsafe neighborhood, homelessness, or inadequate housing conditions, could prompt the court to revisit the terms of a conservatorship order.
- If a parent undergoes any significant life changes, including remarriage or having a child.
- A parent’s work schedule significantly changes, causing the prior order to no longer be feasible.
- If one parent attempts to turn the child against the other parent, a judge considers this to be emotionally abusive behavior. As such, the court may want to limit interactions between a child and the emotionally abusive parent.
- A parent repeatedly violates the terms of a conservatorship order, a judge may reconsider the terms of an existing order.
How Long Does a Modification Case Take in San Antonio, TX?
Although there is no way to predict the exact length of time a modification suit will take in Texas, it could potentially take up to six months to resolve. The process will go much faster if both parents agree on all the issues, since both parties are already on the same page. Be aware that you must provide at least a 45-day notice to the child’s other parent before a final contested hearing. Failure to comply with court rules may result in the child’s other parent requesting a continuance, postponing the hearing, and further drawing out the process.
Regardless of whether your modification case is uncontested or contested, successfully changing a conservatorship order requires that you prove that a substantial change in circumstances has occurred and that the modification will be in your child’s best interests. You must provide convincing evidence to the court so that they understand the necessity of making the change. If you want to ensure that your matter is handled correctly, it is best that you speak with a San Antonio child custody attorney.
Contact a San Antonio Child Custody Attorney Today
If you or a family member has questions regarding changing an existing child conservatorship order, the legal team at Cook Law is available to assist you. Our San Antonio child custody lawyers understand the anxiety that you are facing in trying to do what is right for your child within the confines of the law. If you are unsure of how to proceed, our team of attorneys can help advise you accordingly. To arrange your consultation, do not hesitate to contact us online or by phone at (210) 740-0281.