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3 tips for fathers who want to change a child custody order

On Behalf of | Jun 13, 2017 | Child Custody

Sometimes a child custody agreement does not remain intact forever. There are various issues that arise after divorce that may cause your child custody order to change. Perhaps your financial situation has changed significantly or your child has grown up and has stated his or her desire for a different arrangement.

As the father, you want to see your child as much as possible. Child custody modification is possible under the right circumstances. Read below for the top tips for successfully modifying your custody order.

1. Provide necessary evidence

According to Texas law, you can only modify your parenting arrangement under limited circumstances. One such factor is a substantial change in either the child or a parent. Some examples of significant changes include a remarriage, a serious medical condition or a relocation.

2. Know what your child wants

If your child is at least 12 years old, he or she has official influence in changing parental rights. While the opinion of your child alone will not sway the decision, it does help. Texas law recognizes the wishes of an older child as a significant factor in these cases. 

3. Get the timing right

The timing of filing a motion to modify child custody matters. If it has been less than a year since the original order, you need to submit an affidavit with specific allegations. You must provide facts to show that your child is in danger in his or her current environment, the custodial parent wants the modification or the custodial parent has given up custody voluntarily.

Above all else, the court will make a decision based on the best interests of your child. While these tips will help, there is no one-size-fits-all solution or step-by-step program to get more custody. It remains a fairly complicated process that requires deep consideration and preparation. If you want to pursue a child custody modification, make sure you talk to a family law attorney for advice.


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