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
- the 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.
Material and Substantial Change
Texas family courts have recognized several situations that would qualify as a material and substantial change in the circumstances of a child or parent affected by a custody or visitation order. Examples include a parent's remarriage, a medical condition that adversely affects a parent's ability to function and work on a regular basis, a parent's criminal acts and convictions, or a parent's changes in residence that make visitation a hardship for the other parent.
Unless the other parent fully agrees with your request to modify a child custody or visitation order, you should seek help from an experienced family lawyer. The outcome of the case could significantly affect your child's development -- and your right to remain close to your child -- for years to come.
The attorneys at The Daniels Law Firm will fight for you when the family's situation has changed considerably. Contact us or call today for your free consultation.