If you reside in Texas and have an existing child custody order that is no longer working for you and your child, there are ways to have it modified. The first thing that you will need to do is to file for a modification with the court.
If you have filed for a child custody modification, while your modification request is pending, the court does not have the power to issue a temporary order for child support modification, which could disrupt the lives of the custodial parent and your child. The exception to this is if by not issuing a temporary modification order, the situation that is created is no longer in the best interests of the child.
Can a child custody order be modified without the court being involved?
You can actually modify the existing child custody order if certain conditions are met. In order to do that, you must file the appropriate form(s). That is considering that the people involved are in agreement. You can request a child custody modification order if:
- You are the person who is listed as having custody of the child currently.
- You have been responsible for the care, control and possession of the child for a minimum of six months that ended less than 90 days before the date that you filed for the modification with the court. Please note that if you are the foster parent of the child, you are not able to do that.
- You have resided with the child and the child’s parent, conservator or guardian for a minimum of six months that ended less than 90 days before the date that you filed for the modification with the court and the child’s parent, conservator or guardian is now deceased.
- You are the child’s grandparent, great-grandparent, sibling, aunt, uncle, nephew or niece and both parents are deceased, if either parent is alive and agrees to the modification and/or the child’s current circumstances are potentially harmful to the child, either physically or emotionally.
Solid legal counsel from a Texas family law attorney
Going through the divorce process can be hard on everyone involved, especially on the child. If you have a child custody agreement in place that is just not working, there are ways to successfully modify the agreement so that it works better for everyone involved.
In that situation, it may be very valuable to consult a Texas family law attorney, who can help you to navigate the process so that everyone benefits. The attorney can also help you to protect your rights as well as the rights of your child so that you can look forward to the next phase in your life.