If the court believes that the current living situation for the child is adequate, then they will be hesitant to make any changes to the custody agreement. Unless there are some circumstances that prove that the child may be in danger of some sort of physical or emotional harm, most courts will prefer that the child stay in their current situation for the sake of stability and consistency. This means that attempting to modify a custody agreement can be tricky, because the parent petitioning for the modification has a great burden of proof that must be provided, showing that the proposed new living situation is a substantial improvement over the current living situation.

As an example, if a mother currently has sole custody of the child, but is planning to move out of state for a new job, the father may petition the court for a modification in the custody agreement. If the father cites the fact that the child will be losing the stability of his current life, friends, school and other aspects of his living situation, the court may agree. This is a substantial enough change in the quality of the living situation that the court may find in his favor, although this is not always the case.

There are two primary considerations that the petitioner must prove:

• He or she must prove that the current living situation for the child is no longer in his or her best interest.
• He or she must prove that the proposed terms of the modification in child custody would improve the child’s situation. Here, if the two households are considered to be equal, then the burden of proof will not have been met.

In situations where the child has reached the age of 16, he or she is legally allowed to petition for a modification in the custody agreement, but the same burden of proof must be met. Here, the child must be able to prove why the change in custody is warranted, and why it is in their interest to make such a change. In most cases, child custody modification cases are looking to determine whether stability is in the best interest of the child, or a modification in the custody arrangement, since modifying the custody arrangement will alter a child’s life. This is one of the most important considerations that the court has to make, as they do not generally like to make custody modifications unless there are solid reasons for them to do so. Work with your custody lawyer to determine the best course of action when you are attempting to modify a custody agreement.

Even if one parent has been granted a greater level of custodial rights over another during a custody court case, then that does not necessarily mean that they can relocate without the court having to become involved. Some non-custodial parents may bring the situation back to court, and it is not uncommon for a move to be blocked by the court because the change in situation is not in the best interest of the child, or of the custody decisions that were previously made.

Understanding what happens when a parent moves during or following a child custody hearing depends on what side of the situation you actually lay on. If you were awarded custody of the child or children, then it is important that you understand what rights are available to you in regards to moving, and why it might be legally and emotionally beneficial not to. If you were awarded partial custody of the children, or have been granted visitation rights, then you should understand how child custody law in Texas protects your rights, even if the alternate parent should decide to relocate.

If there is a good faith reason for the move, then the parent may be allowed to relocate with the child or children. Most judges will examine the request to move based on the individual case and they will make a decision regarding the ability to move only after considering a variety of factors concerning the situation. If there is a custody agreement in place, then a parent has to make a request to move if the relocation involves distancing a child from another parent with custody or visitation rights.

There are reasons why a move might be allowed, but they have to be considered on a case by case basis by the judge. If the parent with custody of the children is seeking better employment and has to relocate in order to find a job, or if the parent desires to live near relatives that are located in another state, the judge may approve the request for relocation, but they must also always consider the best interest of the children and other parties involved in the custody arrangement, as well in the decision process itself in order to be fair to all parties.

When two parents end their relationship, this does not have to mean that the relationship between the children and their grandparents should also be ended. Unless a parent is exploiting a child and grandparent relationship, it is always considered to be in the best interest for the children for other significant relationships in heir lives to be continued, including those relationships with the grandparents on both sides of the family.

In Texas custody law, as with law elsewhere in the United States as well, biological and adoptive grandparents do not typically possess the right to file for sole custody of their grandchildren. This is because the best interest for the children is typically served by maximizing parental contact, as long as one or both parents are capable of serving the best interests and the needs of the children. All custody court cases put a primary focus on what the best interest is of the child or children. The ability to serve the best interest of each child is addressed in the Texas Family Code in section 153.001.

There are exceptions to this particular rule, however, especially in situations where evidence is present that suggests that in the care of one or both parents, the child or children may be at risk. Both emotional and physical harm must be considered to this end. If this is the case, grandparents do possess the right to take initiative by filing a suit in attempt to gain sole custody. The court itself may also decide to bring in the grandparents if the situation warrants it, and if the judge feels that the best interest of the children would be served with custody going toward the grandparents rather than the parents.

Ultimately, most custody court cases do not have to involve the grandparents, as the birth parents or adoptive parents of the child are capable of meeting his or her needs and providing for the best interest of the child. When grandparents are involved in court cases regarding custody to this end, it is typically to provide support. If the conditions of the custody battle do not necessitate that the grandparents become involved, then they can put themselves in a unique position to provide assistance to their grandchildren. Grandparents can make themselves available to both their children and their grandchildren through what can potentially become a rough battle. No custody battle is ever easy, and providing this support to both sides of the family can be beneficial for a smooth case and an attempt toward amicable results.

The overall process of adoption can be both long and complicated when you consider waiting periods, adoption hearings and paperwork. Working with an attorney is the best way to make sure that the paperwork and hearings are conducted properly, and that nothing delays or halts the process. This is especially important when you are considering the best interest of the child, and trying to provide consistency and a stable environment.

In order for a child to be eligible for a step parent adoption, the legal rights to the child must have been given up by one of the birth parents. A child can only legally have two guardians, typically a father and a mother, though there are situations where other combinations can be created. In order for a grandparent adoption to be successful, both parents will have to have given up their legal rights to the child. Additionally, in order for the child to be eligible for step parent or grandparent adoption, he or she must have spent the previous six months before the adoption hearing living in the custody of the prospective adopters. If one or both of the biological parents has refused to terminate their legal parental rights, then the process of adoption cannot move forward unless there are extenuating circumstances that make this unnecessary.

If a parent has died or become legally incompetent, if the parent has been incarcerated during the period of 90 days before the adoption petition, if there is proof that the parent has abandoned or refused to support the child or if the parents have been divorced for 90 days or longer, or are in the process of divorce, then the biological parent does not have to legally terminate his or her parental rights. The same is true if the child has been living with the prospective adopters for between six and twenty four months or if the child has been proven to be a victim of neglect or violence from the legal guardian.

If the child in question is over the age of sixteen, then written permission must be obtained from the minor regarding the adoption in order for it to be valid. The child only has to provide agreement of the terms of the adoption if he or she has aged past sixteen, otherwise it is not necessary.

Although the adoption process can be lengthy when a step parent or grandparent is involved, it is rewarding when the needs of the child are finally met.

The parent that has decided that they would like to modify the child custody agreement following divorce will have to prove that the modified situation is a better fit for the child. Lateral moves in situation are not acceptable, as this will still change the minor’s daily life, and will disrupt stability. It must be possible to show a substantial positive change in circumstances that make this modification the best possible route for the court to take in order to safeguard the wellbeing of the child. If the two households are considered to be equal with one another, then custody is going to remain as it is until such a time that they are not considered equal.

When it comes to custody orders, it is important to understand that Pedente Lite, or temporary custody orders, are not the same as final orders. Moving from a temporary custody order to a permanent one does not require that there be a substantial change in the circumstances of the living situation.

When a child is 16 years old or older, he or she is legally allowed to seek out their own change in custody. However, in this situation it will be that minor’s burden to prove that it will be in their best interests to enact a change in custody agreements.

The court that was responsible for making the original visitation and custody order is going to retain jurisdiction when it comes to deciding on modifications. This is true unless neither parental parties or the child possess close ties to that court, in which case, the court may choose to surrender its jurisdiction. The court that has original jurisdiction may also refuse to try the case for custody in certain situations, such as when the child has been taken wrongfully from a different state, or has been taken without obtaining consent from the parent that is legally entitled to the custody.

There are a number of life changes that can qualify as a substantial alteration in the circumstances of the living situation, including geographic moves and changes in lifestyle for example. If the child’s stability of life is seriously disrupted in any way, then this is typically grounds for the custody order to be modified to ensure that the child’s best interests be considered.

With sole custody, one parent has legal and/or physical custody. There are two different types of sole custody.

Sole Legal Custody: With sole legal custody, one parent has the right to make decisions regarding the child’s welfare, including medical needs, emotional & moral needs, education decisions, and religious training.

Sole Physical Custody: With sole physical custody, the child lives with one single parent. The remaining parent may have visitation rights, unless the court determines that visitation rights would not be in the best interest of the child.

Based on these two aspects, custody can be structured in a number of ways. A single parent may have both physical and legal custody. Or, a single parent could have sole legal custody rights, but share physical custody with a visitation agreement. Another alternative is for one parent to have sole physical custody, but share the decision-making (legal custody) with the other parent. It is very rare for the court to award both physical & legal sole custody to a single parent – unless the other parent is deemed unfit, or mentally unstable.

Joint custody is divided into three categories: legal, physical, and combination. Joint legal custody is where parents share in the decision-making for the child, but the child has only one physical residence. Joint physical custody is where the child has two residences, spending at least 35% of his time with the other parent. It’s also possible to construct your own special joint custody agreement – with a combination of shared physical and joint legal custody. For example, you could provide a single residence for the children, and have the parents live there on a rotating basis. If you decide to pursue joint custody, it’s important that you are able to talk openly with your spouse about decisions that affect the child. If both partners are constantly fighting over education, religious decisions, or other key factors, the court may strike down joint custody.

When determining custody, the Texas legal code does not favor either the mother or father. Instead, the law focuses on the relationship of each parent with the child. Relatives such as uncles or grandparents can seek custody of the children; however, the court is more likely to favor granting custody to the child’s natural parents. Until your divorce is official, both spouses must abide by temporary custody decisions. Temporary custody is not an initial award of custody. It refers to who has custody for a limited period of time, while you wait for the court to hold a hearing. The court will determine temporary custody based on the “best interests” of the child.

The court’s final custody decision will be either be sole custody or joint custody. Joint custody is very common in situations where both spouses want to retain physical and legal rights to their children. In this situation, both parents may have shared legal custody and/or shared physical custody. Shared physical custody could involve two residences for the child. Or it could involve having only one residence for the children, with the parents living there on a rotating basis.

In rare circumstances, the court may decide to award split custody. Split custody usually happens in situations where there are two or more children. With a split custody decision, each parent gets full physical custody over at least one child. When awarding split custody, the court will look at a number of different factors, including the age of the children, and the child’s preference for a particular parent.

After your petition has been processed at the courthouse, it will be delivered to your spouse by a sheriff, police officer, or private process server. This is generally referred to as being “served” divorce papers. Your spouse will be informed that a lawsuit has been filed, with a limited number of days in which to respond. Both parties to the lawsuit (you and your spouse) can file “temporary orders,” which are effective during the lawsuit, until your divorce is granted. Temporary orders can determine which spouse will continue living in the family home, require payment of monthly bills, assign temporary child custody, determine who pays attorney’s fees, and much more.

During the divorce proceedings, a temporary restraining order can also be issued by the court. A temporary restraining order can prevent harassment, property sale or transfer, and other specific actions. If you request temporary orders (or a temporary restraining order), the court will set a hearing date. If an agreement with your spouse is not reached before your scheduled hearing, then you will be required to appear in court. If you have children, then the court must deal with child custody issues at the same time.

The next step in Texas divorce proceedings is “discovery.” During the discovery process, your attorney will learn more about the defendant (your spouse) and what is relevant to the lawsuit. Common parts of the discovery process include: depositions (oral testimony), requests for disclosure, requests for production of documents (i.e. tax returns, bank account statements, deeds). The discovery process helps to determine property & asset values, and how to fairly divide them.

The final step in the divorce process is settlement or trial. After each side has gathered information (through the discovery process), both parties can try to resolve their case by mutual agreement. This is commonly known as “settlement.” A formal court hearing can sometimes be avoided if a settlement can be reached. Mediation and direct negotiation can help resolve disputes over child custody, child support, and division of assets. If disputes cannot be settled through negotiation, then either party can request that the Court set a formal date for the divorce trial.

At the trial, the Court will hear all the evidence and make a decision. The trial ruling must be put into a written order, which is called a “Decree of Divorce.” At least one of the parties must appear before the judge and give sworn testimony before the divorce decree is formally granted. If the testimony meets the legal requirements for a divorce, the judge will sign the Decree of Divorce. In most situations, this is the end of the divorce process.

Child Custody Modification

A child custody order that established child custody and a visitation schedule that was in the best interest of a child at age three is probably not in the child’s best interest at age fourteen. For this reason, you can seek a modification of a family law order obtained by your divorce attorney relating to child custody, possession or access when the modification is in the best interest of the child and:

• there has been a material and significant change in your circumstances, your spouse’s circumstances, or your child’s circumstances;
• the child is at least 12 years of age and the child files with the court the name of person the child prefers to be the primary custodian; or
• the primary custodian has voluntarily relinquished possession of the child to another person for six months.

Child Custody Modification: What’s Required?

To obtain a modification of a family law order relating to child custody, possession or access within one year of the rendition of the order, the applicant must file an affidavit with the petition for a modification that sets out facts demonstrating that:

• the child’s present environment may endanger the child’s physical health or emotional development;
• the primary custodian is seeking the modification and the modification is in the best interest of the child; or
• the primary custodian has voluntarily relinquished possession of the child to another person for six months.

Conviction of a conservator for child abuse or family violence or the military deployment of a conservator constitute a material and significant change in circumstances justifying the modification of a child custody order.

Modification of a Child Support Order

You can seek a modification of a child support order if:

• the circumstances of the child or person affected by the order have materially and substantially changed since the rendition of the order, or
• three years have passed since the rendition of the order and the child support under the order differs by either 20% or $100 from what would currently be ordered under the child support guidelines.
• If the parties agreed to the amount of child support in the child support order, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order.
• A child support order can also be changed in certain circumstances if there has been a change in the physical possession of the child.

Round Rock and Austin: Our Modification Lawyers Offer Free Consultations

Modification issues are delicate and, at the same time, complicated. If you have further questions, we invite you to give us a call at (512) 322.5367 to arrange a free consultation. We can examine the merits of your position and discuss all of your legal options.

To speak to an attorney about your matter, please call us now at 512-322-5367.

In cases involving children, Texas family court judges focus primarily on the needs of the children. Whatever issues exist in the relationship between the parents or their divorce attorneys, a parent enhances his prospects of obtaining a favorable child custody order by putting the needs of his children first.

As the circumstances of each child and family vary and may change over time, it is important our divorce lawyers to assess each case involving children individually and to fashion workable child custody and support orders that permit the parents to organize their lives in a way that meets the needs of their children, while at the same time addressing the unique personal characteristics and practical responsibilities of the parents.

CHILD CUSTODY LAWYERS & ATTORNEYS WITH FAMILY LAW EXPERIENCE

The most optimal conservatorship and child support orders assure the safety and security of the child while maximizing the child’s prospects for a healthy physical and emotional development. This is generally best achieved by maximizing the child’s opportunities for exposure to both parents and by attempting to create a cooperative relationship between the parents for the benefit of the child. In cases where there has been domestic violence or are alcohol, drug, mental health or other issues, the focus often must shift to devising arrangements that assure the security and safety of the child while appropriately addressing the characteristics and circumstances of each of the respective parents.

CRAFTING A PLAN THAT WORKS REQUIRES AN EXPERIENCED CHILD CUSTODY ATTORNEY AND LAWYER

Parents may follow common models in organizing custodial arrangements or their circumstances may require creative solutions in devising their child custody orders.

In the absence of other factors, the minimum visitation rights generally provided to a non-custodial parent in Texas include the first, third and fifth weekends of each month, Thursday evenings at dinner time, alternating major holidays, and extended visits in the summer.

ROUND ROCK AND AUSTIN CUSTODY LAWYER OFFERS FREE CONSULTATIONS

Custody issues are delicate and, at the same time, complicated. If you have further questions, we invite you to give us a call at (512) 322.5367 to arrange a free consultation. We can examine the merits of your position and discuss all of your legal options.

To speak to an attorney about your matter, please call us now at 512-322-5367.