Texas bases both new child custody decisions and modifications on the child’s best interest. Courts may approve or deny modification requests depending on the circumstances of your case.
When seeking a custody modification in Texas, be aware of factors that may influence the judge’s decision.
Lack of changed circumstances
Custody modification requests require a substantial change in circumstances since the original custody order. You must provide evidence of a significant change that directly affects the child’s well-being.
If a parent repeatedly files for custody modifications without grounds, it may raise concerns about the stability of their home environment. Frequent unsubstantiated modification requests can result in denial of future requests.
Failure to demonstrate the best interest standard
Your request must demonstrate that the proposed modification serves the child’s best interests. Otherwise, the judge can deny the request to maintain stability in the child’s life. The court will not disrupt the child’s routine without a clear benefit.
Failure to follow court orders
Compliance with existing court orders is an important part of a successful child custody arrangement. If the requesting parent has a history of non-compliance with previous orders, it may work against them in court.
The journal Contemporary Pediatrics estimates that 10 million U.S. adults have experienced alienation from their children. A judge may deny a modification request with evidence of one parent attempting to alienate the child from the other parent. Both parents must show commitment to encouraging a relationship between the child and the other parent.
Lack of parental cooperation
Cooperation between parents is vital to coparenting successfully. Your request must demonstrate an ability to communicate and get along with the other parent for the child’s benefit. Otherwise, the judge may hesitate to grant a modification.
Understanding these considerations can help you prepare an appropriate request for custody modification.