Ask a Child Custody Lawyer: What is Child Custody Modification?
The issue of child custody is fraught with tension. However, if there comes a time when child custody arrangements must be altered, it’s important to work with a lawyer to petition for child custody modification in Houston. To modify a child custody arrangement, parents must meet eligibility requirements and other criteria.
Ask a Child Custody Lawyer: What Is Child Custody Modification?
A child custody modification is a petition to alter existing child custody arrangements. This process must be filed with the court and approved by a judge. Because modifying child custody arrangements will impact the best interest of the child, the court will frown on anyone who files frivolous modification petitions.
Usually, filing a modification for a child custody arrangement only happens when there is a significant change in the living circumstances or financial circumstances of the custodial parent. For example, if the custodial parent needs to move out of state or has a significant increase in income, child custody modification may be necessary.
Who Can File for Child Custody Modification in Houston?
Child custody lawyers in Houston, TX will be able to assess your child custody arrangement to determine whether you are eligible for modification. But in general, either parent can request a child custody modification in Houston. However, it’s more common for the noncustodial parent to file a modification petition, usually in a bid to seek more custody of the child.
When Can a Modification Request Be Filed?
The request for a child custody modification can only be filed once a year. It’s important to realize that the process of modifying child custody arrangements will often take several weeks or months, depending on how soon a hearing can be scheduled if the petition is proved by the court. The earliest you can request a modification for child custody arrangements is one year after the current child custody arrangement is filed with the court.
Why Is There a Waiting Period?
The one-year waiting period is set for a few reasons. For example, the one-year waiting period prevents the filing of frivolous modification petitions. But more importantly, the one-year waiting period protects the stability of the child. If child custody arrangements are only modified after a year, this gives the child time to settle into their home and routine.
Modifying child custody arrangements too often can upset the stability of a child and ultimately put the best interests of the child in jeopardy. The best interest of the child is another reason why you should avoid filing a frivolous modification petition.
What About Emergency Modifications?
The exception to the one-year waiting period before filing for a child custody modification is in emergencies. In general, emergency modifications for child custody arrangements are only filed when the well-being of the child is at risk.
For example, if there’s evidence that either parent is engaging in dangerous behaviors around the child, abusing substances, or physically, sexually, or mentally abusing the child, the other parent does not need to wait a year to file an emergency petition. If you are filing an emergency petition within one year of the last child custody modification, be sure that you have evidence to back up your claims of child endangerment or abuse.
What Happens After You File a Petition for Modification?
Once the court has your petition, it will be processed and forwarded to the judge who presides over your case. After the petition is filed, there are additional steps in the modification of your custody arrangement, including:
Schedule a Hearing
If the judge decides if there is enough reasonable evidence in your petition to modify a custody arrangement, the judge will schedule a hearing. The wait time for your hearing could take anywhere from a few weeks to a few months. A judge will not schedule a hearing if your petition does not provide sufficient evidence.
Evidence of Significant Change
Next, your lawyer will need to help you provide evidence of significant change. This evidence could include documents that outline the other parent’s work schedule or address, and statements from child caregivers, doctors, and teachers. Documents such as medical and school records and other unofficial records, such as emails and texts, can also be used as evidence.
New Child Custody Order
If the court approves your petition, a new child custody arrangement will need to be ordered. Once both parents agree to these new orders, the modified child custody agreement will be filed with the court and enforced for the foreseeable future.
What About Modifying Child Support Orders?
It may also be possible to modify child support orders. In Texas, parents can only request changes to child support orders every three years. Parents must also meet specific eligibility requirements and provide evidence about income decreases or increases.
In Texas, you can only petition to alter child custody arrangements after a year. To successfully file a petition, you need help from a lawyer to prove significant change and gather other evidence, especially if there are allegations of child abuse or neglect.
