Houston Modifications of Custody Lawyers
Although a custody agreement will be established in any divorce in which children are involved, modifications of custody orders may be necessary in the following years as the circumstances of the parents and children change. Obtaining these changes can be somewhat difficult, however, especially if the other parent is not agreeable to the needed changes. While our team at Holmes, Diggs & Sadler knows this can be frustrating for parents in Houston, you do have certain legal rights and protections in such a situation, allowing you to seek the modifications of custody that you need.
Often, modifications of custody are necessary for the betterment of a parent and their children’s lives, although this is not always the case as a parent may ask for an unfair or unreasonable custody modification. Thus, understanding when and how such changes can be made, in addition to having a legal professional on your side, protecting you and your child’s interests, is critical to getting the agreement that your family needs.
When Are Modifications of Custody Orders Allowed?
Texas state law only allows for modifications of custody orders to occur under specific instances. If a parent doesn’t fulfill the grounds for modification, they may not be allowed to bring a claim to the court. The following grounds are considered legitimate reasons to make modifications of custody:
- A parent wants to voluntarily give up his or her custodial rights
- The child, being at least 12 years old, has indicated that they’re unhappy with the current court arrangement
- The circumstances of the parents involved in the original court order have substantially or materially changed
In regards to the last instance in the above list, a substantial or material change in circumstances may include criminal convictions, long-distance changes in residency, the development of medical conditions that impede a parent’s caregiving abilities, and more. These changes need to be large enough in scope that a parent’s ability to take care of a child or the reasonableness of the original order is brought into question.
Discuss Modifications of Custody with an Attorney in Houston
When you need to modify a child custody order or your ex-spouse is seeking to modify your child custody agreement in a manner that you do not agree with, our experienced team of legal advisors at Holmes, Diggs & Sadler can protect and represent your rights and interests. Call (713) 802-1777 to discuss your child custody situation with us and gain a better understanding of your options in this situation.