When life happens and things change, your child custody order may need to change too. Attorney Paula S. Pierce-Nichols helps parents with child custody modification in Conroe, Magnolia, The Woodlands and surrounding communities in Montgomery County and Harris County, Texas.

In Texas, a Judge can modify a child custody order when certain legal grounds are met.  Although there are multiple legal grounds to modify a child custody order, the following are the three most common:

1. Modifying the order is in the best interest of the child; and the circumstances of a parent, a party affected by the order, or a child, have materially and substantially changed after the date the order was rendered, or if the order is based on a settlement agreement, after the date the agreement was signed.
2. The child is 12 years or older and will/has express to the Judge which parent the child prefers to live with. Although, a child’s parental preference does not automatically determine where the child lives; it can be a significant factor in the Judge’s decision.
3. The custodial parent relinquished primary care and possession of the child to another person for six months or more, however, this ground may not apply if relinquishment is due to the custodial parent’s military deployment, mobilization or temporary military duty.

Some changed circumstances may include:

• Parent consistently fails to exercise court-ordered visitation
• Parent’s inability to adequately take care of the child
• Parent’s circumstances or living environment poses a substantial risk to the child’s physical or emotional safety
• Parent is unwilling to cooperate in making joint decisions regarding the child’s upbringing or care
• Parent refuses to follow the court-ordered decision-making procedures
• Parent interferes with the other parent’s court-ordered visitation
• Parent undermines the other parent’s relationship with the child
• Parent’s intended relocation significantly interferes with the other parent maintaining a relationship with the child
• Child now has different educational, medical, or emotional needs that are not being met
• Child’s school, work, or extracurricular activity schedule significantly interferes with court-ordered visitation
• Child has a turbulent, fearful, or emotionally distressful relationship with a parent               
• Frequent parent disagreement occurs because of unclear or inconsistent court order language

Have circumstances changed and you need a new child custody order? Contact Child Custody Modification Lawyer Paula Pierce-Nichols to find out your legal options.