How to file for modification of child custody in texas

Texas Law. Texas Family Code, Chapter This chapter establishes the process and grounds for modifying an order regarding child possession, access, or support. Understanding the Law. Modification of Visitation Texas Access Though this page primarily focuses on modifying visitation, the process is the same to modify child support. It gives a basic explanation of why and how you could modify a court order related to visitation or support.

Child Custody Modification Within One Year of Current Order In most cases, you must wait a year before requesting that the court change your custody order. However, you can request an earlier change if there is you guessed it a material and substantial change in circumstances.

A third party can also file based on the situation for example, grandparents, siblings, aunts or uncles could file if the parents are dead or the child is unsafe with their parents. You need a lawyer throughout this process—they can help make sure everything is done correctly. We mentioned that you need to file the forms in the county where the original case was signed off. If your custody case includes a geographic restriction, which is typical in Texas, these are remarkably difficult to change.

You need to show extraordinary circumstances to convince a court to modify their ruling. Which means you need to be extremely diligent in building your case.

The easiest way to do this is to get all communication you can in writing. Email and text exchanges should be saved in a safe place.

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Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. Jose Rivera Managing Editor Editor. Last Updated: Jun 4, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Personal Injury. Intellectual Property. Other Legal Categories. X 1 Enter Zip Code or City this may not be the same place you live. Scroll down for more categories. The information and forms in this toolkit are not legal advice and are not a substitute for the help of a lawyer.

If nonparent e. This is not necessarily the case. If your child is temporarily in the care of a nonparent, you can get a temporary authorization for care of minor children.

However, when there is a court order in place, you will need to get permission from the court to do this. If the other parent agrees, and you can reach them, see this article: Authorization for Nonparent Care of a Child. There is a form you can fill out without having to go to court: Authorization Agreement for Nonparent Relative or Voluntary Caregiver is available in the forms bank web site of the Texas Department of Family and Protective Services.

If you choose not to follow your court order regarding visitation, the noncustodial parent could file to enforce the order. If you believe the order should be changed, then you can file a modification case. If you are concerned about the health or safety of your child with the other parent, you should consult with an attorney. If you need help finding a lawyer, you can:.

You can ask a judge to change a custody, visitation, child support or medical support order by filing a modification case. If you lost your job or have less income because your workplace shut down or cut back on your hours or wages during the coronavirus crisis, you still have to pay child support.

The Office of the Attorney General Child Support Division says that "Even if you are having trouble making your full payment, it is important to pay as much as you can toward your obligation every month. While you do still have to pay the same amount that the court ordered, if your ability to pay has changed, you can file a petition to modify the parent-child relationship.

The Harris County Law Library offers this guide to family law research that you can use. If you are already ordered to pay child support and it is withheld from your paycheck, contact the Office of the Attorney General Child Support Division , which offers this guidance on what to do if your employment situation changes. That means it is one reason a court might order a change in the amount of child support you are supposed to pay.

The Harris County Law Library has a roadmap for doing your own legal research in family law matters. Your modification suit is uncontested if it can be finished by agreement or by default.

Your modification suit is contested if the other parent files an answer or waiver of service and will not sign the Order Modifying the Parent-Child Relationship. You do not have to have a lawyer to file a modification case. But if it is a contested case, you should. A lawyer can explain your rights and options. If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made.