Modifying a Child Custody Order

Stability is generally what a court seeks when it makes a child custody order. Children can best grow and mature if the courts are not constantly shuffling them between parents, moving them to new homes, and treating them like a piece of property. In some circumstances, however, parents need to change a child custody order. If one parent loses his or her job, begins abusing substances, or is moving out of state, the change may be so substantial that the court needs to rethink its child custody decision. If a substantial change has prompted you to consider modifying a child custody order, a Houston family attorney can examine your case with you and weigh your options.

How to Modify a Child Custody Order

• The burden to change a child custody order is on the parent seeking to change it. The court generally assumes that stability is the best for the child.
• If the child is at least 16-years-old, he or she can pursue a change in the custody order on his or her own. The burden would be on the child, then, to show how a change would be in his or her best interests.
• The parents can also modify a child custody order if they both agree to the change. In such a case, the court will not have to order anything itself and will permit the parents to make the change.
• In order to modify a child custody order, the court must have jurisdiction over the child. If a parent has moved or taken a child out of Texas, he or she may not be able to modify the child custody order. An experienced attorney can discuss your options in this instance.
• The parent seeking to change the order must show how his or her home is better for the child than the home of the parent currently with custody. If the court finds that the homes are equal, then nothing will change. The parent seeking the change should show how circumstances have changed such that the current custody order is no longer in the best interests of the child. The phrase commonly used that the parent must prove is a substantial change in circumstances.

Some examples of what constitutes a substantial change in circumstances are as follows:

• The parent with custody is moving. If the move will harm the child’s interests, the court may switch custody to the parent who is not moving. However, the child’s best interests are always the priority, so if it is best that he or she move with the custodial parent, then the child will do so.
• There is a change in the lifestyle of one of the parents. For example, if the custodial parent takes on another job or is dealing with a major event, he or she may not be able to provide sufficient care for an infant. Additionally, a parent may seek to modify a child custody or visitation order if the other parent becomes a substance abuser.

If a substantial change has occurred, a parent should act as soon as possible to modify a child custody order. Contact a Houston divorce lawyer at John K. Grubb & Associates, PC if a substantial change has you concerned about your rights under a child custody order.