Something that is a surety is that life never stays the same. As time goes on, the original custody order agreed upon during one’s divorce may not suit the current circumstances of the different parties. Texas divorcees whose lives have changed significantly since their divorce may benefit from taking cognizance of the possibility to change such an order.
The question is, how is such an order changed? There are a number of ways in which a custody agreement may be changed. In some cases, courts may approve modification of the original custody order if both the parties agree to the proposed changes.
Should the parties not be able to reach an agreement, one of the parties may request a judge to modify the original order. The first step to take is to complete the required form, requesting an amendment of the order and explaining why. In order to consider changes to the order, a major change in circumstances must be evident. Major changes in circumstances may include one of the parties being investigated or accused of a criminal offence, one party moving away, the child or children involved having started school or grown up, or the parent who has custody refuses that the other parent visit the child or children involved.
Judges often send the parties to attend mediation before granting the modification. Should an agreement be reached during mediation, written proof of the agreement reached is provided to the court, which is often accepted. Should no agreement be forthcoming, recommendations will be made to the judge, which may be accepted or not. One thing is clear, and that is that modifying a custody order after a divorce may not always be simple. Consulting with a Texas family law lawyer may be beneficial, as many uncertainties may be explained.
Source: FindLaw, “How to Modify a Custody Order“, Le Trihn, Accessed on April 18, 2018