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Irving Custody Modification Lawyer

Experienced Attorney for Child Custody Modifications

Child custody agreements in Texas can be modified when significant changes occur in the parties' circumstances since the original custody agreement was signed. When it comes to these modifications, it is essential to understand the legal process that will be followed to ensure that you can achieve a positive outcome in your case. It is also important to know that the court takes child custody modifications with the utmost seriousness. Because of this, it is rarely a simple process to have a custody order modified, as the court may be hesitant to disrupt a child's life and their regular routines. You must prove that some change in circumstances warrants the modification to the custody order.

As you embark on this legal process, it is crucial to retain the legal services of a qualified attorney to ensure you understand how to address all applicable legal issues correctly. At the Law Office of Michelle Poblenz, our compassionate family lawyer has ample experience helping families modify child custody orders and address other child-related concerns. Let us work with you to ensure you can put solutions in place that will protect your child's best interests.

Standard Modification Criteria in Texas

Child custody modifications generally require a substantial and material change in circumstances. In Texas, that standard relies on compelling evidence that it would be in the child's best interest to make the requested changes. Here are various scenarios that may qualify for a modification:

  • Parental relocation - If one parent wishes to move to a new home with their child in a different city, county, regional area, or state, they must provide detailed information regarding the move's purpose and how it would affect the child's welfare, such as educational opportunities or proximity to other family members. The non-moving parent can use this information to dispute the proposed relocation, and they may argue that it would be better for the child to remain in the community where they currently live. The court's crucial consideration remains the child's best interests, and not the parent's desires or the benefits they may receive from a relocation.
  • Substance abuse, domestic violence, or incarceration - If one parent struggles with substance abuse, or if a parent has been accused of committing domestic violence, the child's health and safety may be at risk. In this type of case, a judge may determine that a custody modification will be necessary to prevent the child from suffering physical or emotional harm. The other parent may then be granted sole managing conservatorship, otherwise known as sole custody.
  • Child's opinion - In Texas, a child at least 12 years of age can voice their opinion on which parent they would rather live with. However, the child's opinion will not automatically influence the court's decision. The court may regard the child's opinion if it is deemed reasonable, but the child will not have the final say in which parent they live with, and other factors may be considered to determine what will be in the child's best interests.

When filing a modification request, a parent must meet the burden of proof to show that material and substantial changes have occurred in the lives of the parties involved in the case. They will also need to demonstrate that their proposed modifications will be in the best interests of the child. Since modification requests undergo extensive consideration, it is crucial to work with an experienced family law attorney who can help a parent provide the necessary evidence and make arguments detailing why their proposed solutions would be best for their child.

Contact a Dallas Child Custody Modification Attorney

Modifying child custody orders can seem like a highly overwhelming task. However, when it comes to their children, most parents are willing to go to great lengths to ensure that a child's well-being is always protected. While modifying child custody arrangements is not always easy, it can become a much more streamlined process when you retain the services of an experienced family law attorney. At the Law Office of Michelle Poblenz, you can trust us to handle all aspects of the custody modification process. Contact us at 469-845-3031 for a private consultation.

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