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Modifying a child custody, visitation, or support order in Texas is not an easy task. Modifications are only permitted when there is a significant change in the situation of either the custodial or non-custodial parent, or when an older child – at least 12 years of age – requests a change in the custody or visitation order.

The courts will only modify a custody, visitation, or support order if the circumstances of either the custodial or non-custodial parent’s situation have significantly changed and the modification is in the best interest of the child. Changes that might affect a custody order include the remarriage of one parent, a criminal conviction, or a severe illness that prevents one parent from caring for the child. Our firm can help you to raise such issues in court and request a modification.

When a child requests a change in custody or visitation, they must be privately interviewed by the court to ascertain their reasoning, and to determine whether the change is in the best interest of the child. Children do not have the final say in whether or not a custody or visitation order is changed. Only children over the age of 12 can request a change, although younger children can also be interviewed about custody and visitation concerns.

Finally, a modification can occur if the custodial parent voluntarily gives up custody of the child. In the event that the custodial parent has relinquished custody to another individual for a period of at least six months, the non-custodial parent can file with the courts for a modification of custody, visitation, or support. We can help you to negotiate such a situation.

Courts in the state of Texas do not undertake modifications of court ordered custody, visitation, and support lightly. The best interests of the child always come first when navigating a modification case, but we can help you present your case in the best light. Our firm can assist you in filing an affidavit with the court to show that your child’s best interests can be better served by a modification in custody, visitation, or support order.

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