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Making changes to child custody arrangements in Texas

Your existing child custody order may not work forever. If your child custody arrangement is no longer working for you, you may want to make changes to it. Some reasons for modifying child custody decisions include the following:

  • Relocation of either parent
  • A child is in a dangerous environment
  • An older child expresses a desire for a change

Thankfully, there is a process for modifying child custody agreements laid out in Texas. The family court will approve a modification if it decides it is best for your child. Here are some helpful details about child support modifications in Texas.

When you and your ex-spouse are in agreement

The first thing you should do is communicate with the other parent. If you and your ex are able to come to a solution on your own, you can file an agreement with the court together.

When your ex-spouse disagrees with you

Of course, the other parent may not be on the same page as you, especially if you are trying to secure more parenting time or become the custodial parent. If this is the case, you must file a motion with the court by yourself and serve your ex-spouse with a copy. This motion is called a "default modification."

Then, you must provide proof of a substantial change with you, the other parent and/or your children. You must present evidence that supports your argument. Witness arguments are useful in a modification trial. Examples of potential witnesses include the following:

  • The parents
  • Children
  • Family members
  • Friends
  • School teachers
  • Daycare workers
  • Co-workers

Your ex will also provide evidence.

Consider pursuing a modification

Keep in mind that a change to your custody agreement is not guaranteed. It may involve a trial and result in more arguments between you and your ex. But, if you still believe a child custody modification would be best for your child, you should consider taking the necessary steps.

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