Specialty tag(s): Modification and Enforcement, Child Custody
Andrew Tisdale | November 19, 2024
When child custody orders are put in place during a divorce, they are intended to serve the best interests of the child. However, what’s in the best interests of the child doesn’t always stay the same. Life constantly brings about significant changes, and sometimes, those changes have to be addressed by changing child custody orders. In order to modify a custody arrangement, the moving party must show that there has been a material and substantial change in circumstance that effects the child. Whether it’s a change in living situation, employment, or something else, there are numerous reasons a judge will change a custody order.
One of the most common reasons to modify custody agreements is a change in living situation. For example, if a parent experiences homelessness or the quality of their housing deteriorates, the court may modify the custody order to ensure that it’s in the child’s best interests. Stability is essential when caring for a child, and the court will prioritize the child’s need for a safe, consistent environment.
Changes in a parent’s career, such as a job loss, a pay cut, or a shift to a more demanding work schedule, can be valid reasons to change a custody agreement. If these changes inhibit a parent’s ability to properly provide or care for a child, the court may decide to adjust the agreement. For example, if a parent is hired for a new job that requires them to travel frequently, a judge may decide that the child needs someone more available to be their primary caregiver.
Relocation is another one of the most common reasons to change a custody agreement. Custody agreements often assume that parents will live in relatively close proximity to one another, and a significant move, such as to another city or state, can make the current visitation schedule impractical. In cases like these, the court will often modify the custody agreement to account for the new circumstances.
After a divorce, many individuals go on to build new families, and this can sometimes be one of the reasons a judge will change custody agreements. Things like getting remarried or having another child are significant life changes, and it’s not uncommon for those changes to impact a custody agreement. When this happens, a court may decide that it’s necessary to alter the current agreement.
The death of a parent or a close family member, such as a grandparent or sibling, can prompt a custody modification. If a primary caregiver passes away, the surviving parent or another relative may seek custody of the child. In these cases, the court will modify the custody arrangement to account for the family’s new structure and ensure the child’s well-being.
As children grow, their needs change. A new medical diagnosis or a change in educational needs might become one of the reasons to modify a custody agreement. For example, if a child is diagnosed with a condition that requires frequent medical appointments, the court may decide to assign responsibility for those appointments to the parent best suited to manage them.
In Texas, children older than 12 have the right to express which parent/guardian they would prefer to have primary custody. While the child’s preference alone may not result in a change, it can be an influencing factor if it aligns with the child’s best interests. A judge may decide to modify the custody order to reflect the child’s preferences if they believe it will benefit the child’s overall welfare.
Violating the existing terms of child custody orders is one of the most convincing reasons to change a custody agreement. If one parent consistently ignores the parenting and visitation schedule or keeps the other parent from seeing their child, the court may step in to modify the agreement.
The child’s well-being is always the priority in a custody agreement. If a parent acts in a way that endangers the child, such as through abuse, neglect, or domestic violence, a judge may step in to alter the custody order. These actions are among the most compelling reasons to change a custody agreement.
A judge may modify a custody order to protect a child’s well-being if a parent is deemed unfit to care for the child. Issues such as substance abuse, mental health problems, or criminal behavior can all call a parent’s fitness into question. If there is evidence of these problems, the court may alter the custody agreement to limit the unfit parent’s involvement in the child’s life.
Understanding the reasons why a judge would change custody can help you make informed decisions if you’re considering seeking a modification. Whether you’re dealing with relocation, safety concerns, or changes in family structure, it’s essential to consult with a knowledgeable family law attorney.
At Goranson Bain Ausley, our experienced attorneys are ready to guide you through the custody modification process. Contact us today to schedule a consultation and ensure that your child’s best interests are protected.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
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