There may come a time to update a child custody plan. When and how usually can be facilitated by a custody attorney. The custody (called “conservatorship” in Texas) arrangement that were worked out after a divorce or a paternity case may not work for parents a few years later. If you are finding reasons that it isn’t working effectively anymore, it may be time to update your child custody plan. You want a plan that works for you, your children, and your co-parent.
Family courts in Texas work for the best interest of the child, and that includes updating custody arrangements. This can certainly include accommodating one or both parents if a significant change has occurred that makes it unreasonable to stay with the current plan. Note that this is not the same as modifying child support, though sometimes changes in custody may also cause a need to adjust child support.
Why You Might Need To Modify Your Custody Plan
Update a child custody plan to recognize changes in situations. Modifying your conservatorship means you want to improve the plan legally. For example, say your teen son wants to spend more time with his dad than the schedule reflects. Neither parent is opposed to this but you want the plan to show the new schedule of shared parenting time.
Parents may request a modification for legitimate changes in circumstances, such as:
• A parent’s situation has changed, for example new employment or an illness.
• One or both parents have moved or are planning to move
• A parent has to move out of Texas or overseas, i.e., military deployment
• The child’s school or schedule has changed, i.e., a new extracurricular activity
• A parent has remarried
• Death of a parent
• The child’s needs changes, i.e., a health issue
Any one or more of these reasons can be the basis for a custody modification.
Conditions For Changes
There must be a material and substantial change in circumstances following the prior order for the court to consider a modification. You do not need to modify the court ordered plan if the change is minor or will not be permanent. By the way, typically, parents must wait one year from the prior order before requesting a modification.
If both parents agree that the order needs to be modified and updated, the process is straightforward. Either parent will file a petition to change the order based on their specific circumstances and include the new schedule. The document can include that both parents are in agreement. The judge will review the order and make a determination. After a judge has signed the modification order, you follow the new order.
If there is disagreement, then the court will need to hear evidence of why the change is necessary. It will make a decision based on the evidence and what is best for the child.
Why Go To Court?
Some parents decide to do an informal change, especially for a temporary change. This works well for a time if both parents are in agreement. But sometimes a formal legal change is necessary and it protects both parents and their children.
The original plan is a court order and if you or your co-parent are continuously not following it, technically you are violating the court’s order. When parents do not get along, simply trusting the word of the other parent may not be good enough. With a new order, both parents are obligated to follow the new plan. You should consider getting your court order modification because a “handshake deal” isn’t enforceable by the court. If the co parent changes their end of the bargain, you have no easy way to force them to comply.
As you know child support is in part based on the percentage of time the child is with each parent. When a dad takes over the majority of care for his teenage son, yet continues to by court order pay the mother as if she is the majority parent, he may be foolish. Furthermore if mom says “don’t worry you don’t have to pay me,” then gets angry at you, she may be able to recover all the unpaid support as if you were a deadbeat parent.
Before going for a modification of the plan, discuss all with with a child custody attorney, like Wendy L. Hart, so you understand if you should move forward with a change. In some cases, the plan is not working because it is not being complied with and not because of any significant change in circumstances.
Also if the child is over the age of 12, the court will consider the child’s preferences but it will only be one of many factors for the court’s decision. For example a child may want to live with the other parent because they do not like the rules imposed by their one parent. Yet if the court sees that that parent is stable, provides a safe environment for the child, and ensures the child attends school etc., the court , in spite of the child’s wishes, will not change the custody to the other parent.
Let Wendy L. Hart Help With Child Custody (Conservatorship)
If you think your current co-parenting arrangement needs to be updated, speak with Wendy Hart, a Fort Worth family law attorney who is experienced in child custody arrangements, child support, and other issues related to parenting plans and visitation. A modification is not a difficult process, but it does need to consider all aspects and be designed correctly. Without help, your petition could be denied, even if both parents are in agreement.
Wendy L. Hart is a knowledgeable family law attorney who has helped hundreds of parents and families throughout Tarrant County with divorce, paternity, and child custody issues. Use our online contact form to get in contact, or call us at (817) 842-2336.
