When couples in Southlake have children, a divorce is more complicated than just the division of property. Often issues around the children are the most emotional and create the greatest likelihood of conflict before, during, and after the divorce is finalized.
In the divorce, the court will determine child custody in Southlake, as well as across the state of Texas, child custody arrangements are considered by the court with the best interests of the child or children in mind. However, sometimes the original child custody agreement needs to be changed or modified, and working with an experienced child custody lawyer is the easiest way to go through this complex process.
Reasons to Request a Modification
It is important to meet with a child custody lawyer to understand the specific grounds or reasons the court will consider a custody modification. These are stated in the Texas Family Code, but they can still be difficult to understand without a background in how the court addresses these issues.
For example, one reason to modify a child custody agreement is a change in the circumstances for the child, one of the conservators, or a party affected by the order. This change has to be material and substantial, which is less clear and more ambiguous. These types of material and substantial changes can include loss of income, the need to relocate for a job, remarriage, health, and medical issues, or issues of alleged abuse by a conservator.
Other issues that are outlined in the Texas Family Code include a child of at least 12 years of age making a request to have one parent’s home designated as the primary residence, or if the conservator of the primary residence for the child has voluntarily relinquished the care and possession of the child for six months or more prior to the filing.
A child custody lawyer provides valuable legal representation to ensure the motion for the modification is complete, accurate, and filed with the correct court. Depending on the situation, this may be the original court ordering or approving the parenting plan or a court where the child and parent live if they have moved.
A child custody lawyer from Orsinger, Nelson, Downing & Anderson, LLP, can assist you with your Southlake child custody modification. To learn more or to talk to an attorney.
