How Hard Is It To Change A Custody Agreement In Texas?

Father and child brushing teeth together, representing custody and family time

How Hard Is It To Change A Custody Agreement In Texas?

Changing a custody agreement in Texas can seem challenging, but understanding the process can make it easier for you and your family. If you need to adjust your current custody arrangement, knowing the steps and requirements is essential for achieving a positive outcome. 

When Can You Change a Custody Agreement? 

In Texas, you can request a change to your custody agreement if there has been a significant change in circumstances. This means that something important has happened since the original order was made, affecting your ability to care for your child or the child’s well-being. Common reasons for changing a custody agreement include: 

  • Move: If one parent plans to move far away, making it hard for the other parent to spend time with the child. 
  • Changes in Parenting Ability: If a parent’s ability to care for the child has improved or worsened. 
  • Child’s Preference: As children grow older, their wishes may be considered, especially if they express a desire to live with one parent. 
  • Health Issues: If a parent’s health affects their ability to care for the child. 

Steps to Change a Custody Agreement 

  1. File a Petition: Start by filing a petition to modify the custody agreement with the court that issued the original order. 
  1. Provide Evidence: Gather evidence that shows why the change is necessary. This can include documents, witness statements, or expert opinions. 
  1. Attend a Hearing: Both parents will have the opportunity to present their case in court. The judge will listen to both sides before making a decision. 
  1. Court Decision: The judge will decide whether to change the custody agreement based on what is best for the child. 

Factors the Court Considers 

When deciding whether to change a custody agreement, the court focuses on the best interests of the child. Some factors the judge will consider include: 

  • Child’s Needs: Emotional, educational, and physical needs. 
  • Parent’s Ability: Each parent’s ability to provide for the child’s well-being. 
  • Stability: Maintaining a stable environment for the child. 
  • Child’s Wishes: Especially if the child is old enough to express their preference. 

Challenges You Might Face 

Changing a custody agreement can be difficult due to emotional stress and the legal complexities involved. Some common challenges include: 

  • Proving a Significant Change: You must show that there has been a major change since the original agreement. 
  • Conflict with Co-Parent: Disagreements with the other parent can complicate the process. 
  • Court Delays: Legal processes can take time, adding to the stress. 

How a Family Law Attorney Can Help 

Navigating the legal system on your own can be overwhelming. A family law attorney can help you by: 

  • Assessing Your Case: Determining if you have a valid reason to change the custody agreement. 
  • Gathering Evidence: Helping you collect the necessary documentation to support your case. 
  • Representing You in Court: Presenting your case effectively to achieve the best possible outcome. 
  • Negotiating with the Other Parent: Working towards a mutually agreeable solution without prolonged conflict. 

Changing a custody agreement in Texas requires understanding the legal process and demonstrating a significant change in circumstances. While it can be challenging, having the right support can make a big difference. 

At Navarrette Family Law, we are dedicated to helping you navigate these difficult times with compassion and expertise. Our experienced team is here to support you every step of the way, ensuring that your child’s best interests are always at the forefront. 

Contact Us Today 

If you’re considering changing your custody agreement, reach out to Navarrette Family Law for a consultation. Let us help you create a positive path forward for you and your family. 

For more information, visit our Client Resources page or contact us directly.