REASONS TO MODIFY CHILD CUSTODY IN TEXAS

REASONS TO MODIFY CHILD CUSTODY IN TEXAS

The Texas Family Code expressly states valid grounds for modifying an existing child custody arrangement, which must include one of the following:

1.Circumstances of the child, one of the conservators, or another party affected by the conservatorship order or agreed parenting plan have materially and substantially changed since the original order or plan;

2.Child is at least 12 years old and has expressed a preference to the court to have one of the party’s homes designated as the child’s primary residence; or

3.Conservator with the exclusive right to designate the child’s primary residence has voluntarily relinquished primary care and possession of the child for at least six months prior to the petition for a modification.

While the latter two reasons to modify a child custody arrangement are relatively straightforward, it can be more difficult to determine what a material and substantial change in circumstances might look like.

Examples might include but are not limited to the following:

1. One of the conservators relocates for job purposes;
2. One of the conservators loses his/her job;
3. One of the conservators develops a serious medical condition;
4. One of the conservators gets remarried; or
   Allegations of abuse by one of the conservators.