Conservatorship Child Custody or Possession Changes
Protecting Your Child’s Best Interests During Life Transitions
Modifications
Things might change for you after your litigation. That’s why we offer modifications services because it allows individuals to request changes to existing court orders or agreements related to family matters. Modifications are typically sought when there has been a substantial change in circumstances that justifies altering the terms of an existing order.\nIt’s important to note that modifications can be complex legal processes, and the specific requirements and procedures may vary depending on
Conservatorship Issues
Conservatorship issues are the type of issues that involve who makes decisions for the child, such as, medical, educational, developmental, and religious decisions. Conservatorship issues may occur if one parent has been incarcerated since the last order, has passed away, has become incompetent or unfit, or no longer provides for the child. If joint managing conservatorship was ordered, but now the circumstances of the child, yourself, or the other parent have changed and you believe sole managing conservatorship is now in your child’s best interest, your case may be ripe for a modification.
Custody or Possession Issues
Custody periods, also known as possession and access, dictate the specific times each parent has with the child and how the parents exchange the child. You may want to seek a modification to place supervisory restrictions on the other parent because their lifestyle is no longer fit for raising a child, you are concerned about what happens when the child is in their care, or you want to decrease the amount of time the child spends with the parent during the school year due to diminished academic capabilities. Often work schedules change and possession and modifications are needed to accommodate new work circumstances.
In Texas, the process for a custody modification typically involves the following steps:
- Filing a Petition: The first step is to file a petition for custody modification with the appropriate court. The petition will include information about the current custody arrangement, the reasons for seeking the modification, and any supporting evidence or documentation. To file a modification, you must meet the residency requirements, which generally involve either you or your child having lived in Texas for at least six months and in your County for at least 90 days.
- Standing: In Texas, there is a general rule that a court may not modify a custody order within one year of its rendition unless certain circumstances exist. This rule is known as the “one-year waiting period.” The purpose of this waiting period is to promote stability and discourage frequent modifications of custody orders.
- Material and Substantial Change: To overcome the one-year waiting period, you must demonstrate that there has been a “material and substantial” change in circumstances since the previous order was issued. This change must significantly affect the child’s welfare and necessitate a modification of the custody arrangement. The court will assess whether the change is significant enough to warrant revisiting the custody order.
- Burden of Proof: When filing a modification within one year, the burden of proof is higher. You must present clear and convincing evidence to support your claim of a material and substantial change in circumstances. This standard of proof requires more than a preponderance of evidence but falls short of the “beyond a reasonable doubt” standard used in criminal cases.
- Notification and Response: After filing the petition, we will serve a copy of the petition to the other parent or legal guardian. They will have an opportunity to respond to the petition by filing an answer with the court within a specified time frame.
- Mediation or Alternative Dispute Resolution: In many Texas counties, before going to court, parents are required to attend mediation or alternative dispute resolution (ADR) sessions to attempt to reach an agreement. Mediation helps parents work together to find a resolution that is in the best interests of the child. If an agreement is reached, it can be submitted to the court for approval. While agreeing is not always easy, our experience has proven agreements build substantial goodwill and facilitates harmony between the parties, which depending on the age of the child goodwill may be a considerable benefit.
- Court Hearing: If mediation or ADR does not result in an agreement, or if it is not required in your county, a court hearing will be scheduled. During the hearing, both parties present their arguments, and the judge will consider the evidence, testimony, and the best interests of the child when making a decision.
- Best Interests Evaluation: In some cases, the court may order a best interests evaluation, which involves a neutral professional, such as a social worker or psychologist, assessing the child’s situation and providing a recommendation to the court regarding custody. The evaluator may conduct interviews, observe interactions, and review relevant documents before making their recommendation.
- Court Decision: After considering all the evidence and testimony, the judge will make a decision regarding the custody modification. The decision will be based on what the court determines to be in the best interests of the child. The judge may grant the modification, deny it, or propose a different arrangement than what was initially requested.
- Modification Order: If the court grants the custody modification, a written order will be issued outlining the new custody arrangement. This order will be legally binding, and both parents must comply with its terms.
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