Child Custody Modifications

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Time to Change the Orders?

As we mentioned above, the standard to change the prior orders related to a child is a significant or substantial change in circumstances.  As we all know, life changes too quickly and sometimes the orders that previously worked are no longer workable.

Under Texas law, there are only limited circumstances in which a parent can modify a child custody or visitation order. Such a change will be made only if it is in the best interests of the child, and:

  • the circumstances of the child or parent have materially and substantially changed since the original child custody order or agreement
  • he child is at least 12 years old and has told the court in chambers that the child wants a change, or
  • the custodial parent has voluntarily given the child’s care and custody to another person.

As children grow older, their needs change. As parents remarry, life changes. With each significant change, the need may arise to modify the Court’s prior orders. Balekian Hayes, PLLC can assist you with modifying the prior Court orders and explaining to the Court why this modification is what is best for your child/children.

Call us at  214-828-2800 to schedule a consultation to discuss.

A parent who files a motion to modify a child custody order within one (1) year after it was rendered must also submit an affidavit to the court that states one of the following allegations:

  • that the child’s current environment may endanger the child’s physical health or significantly impair the child’s emotional development
  • that the custodial parent is seeking the modification, and the modification would be in the child’s best interests, or
  • that the custodial parent has voluntarily relinquished the custody and care of the child, and the modification would be in the child’s best interests.

An affidavit showing why the current situation impairs the physical safety or mental health of the children is also required upon the filing of any motion to modify a child custody order requesting a change of primary conservatorship.

With almost two decades involved in child custody matters and having experiences on all sides of the fights, Balekian Hayes, PLLC is your best choice for the job and you will be grateful that you have them on your side when you need assistance with a divorce, child custody or other family law related matter.