Child Custody Modification Attorney Austin TX: Legal Help for Changing Custody Orders

Why You  Need a Child Custody Modification Lawyer in Austin, TX

A child custody (conservatorship) order in Texas is a legal ruling that outlines how parents will share responsibilities for their child’s care. 

Child custody orders in Texas are usually made based on the circumstances of the parents and the needs of the child at the time when the order was made. However, like most things in life, circumstances can change, and the terms of an order issued years or months ago might no longer be appropriate for the child’s welfare or a parent’s current situation. The Texas Family Code allows for the modification of child custody orders in acknowledgment of this fact.  

Final orders in a family law case are not permanent. When the circumstances of you or your family change, you can change the terms of your final divorce decree or custody order. A court order (or the portion of a divorce decree) relating to conservatorship, support, or possession of and access to a child may be modified by filing a suit for custody modification in the appropriate court. Any party affected by the order or the portion of the decree to be modified—usually a parent—may file a suit for modification. An Austin custody modification lawyer could help a parent with this process if they believe that their current order needs to be changed.

Modifying a custody arrangement involves changing the terms of an existing custody order. This could result in adjustments to visitation schedules, who the primary custodial parent is, or other elements of the custody arrangement. The process requires court supervision or approval to ensure that any proposed modifications are in the child’s best interest.

Custody modification in Texas can be complex, making it essential for parents seeking such an order to work with an experienced family law attorney.

The Law Office of Ben Carrasco, PLLC stands ready to advocate for parents in Austin, Texas, who are dealing with custody modification issues. Whether you seek to modify your child’s custody arrangements or you oppose a proposed modification, you can trust an experienced Austin child custody lawyer to work closely with you and fight for a result that supports your family’s needs.

Grounds for Custody Modification in Austin

There are several valid reasons why parents might seek to modify their child’s custody arrangement. For example, a change in circumstances, such as a job relocation or changes in living conditions, can directly impact a parent’s ability to adhere to the current arrangement.

Another factor that could influence the need for modification is a change in the child’s needs or preferences as they grow older. It’s not unusual for children to require or desire different arrangements due to their evolving educational or social activities. In such circumstances, a modification of the current custody structure might be necessary.

Concerns regarding the child’s well-being or safety is a factor that can also necessitate a custody modification. If one parent believes the current environment jeopardizes the child’s safety, they may need to take legal steps to ensure the child’s removal/restriction from that environment.

Essentially, any party who is dissatisfied with the terms of a custody order can seek modification. However, seeking modification is one thing; getting the court to approve it is another.

By Sec. 156.101 of the Texas Family Code, the court may modify a prior order if doing so would be in the child’s best interest and one of the following applies:

• The circumstances of the child, parent, or other party affected by the order have materially and substantially changed since the date of the original order or since the parties signed a mediated or collaborative law settlement agreement on which the initial order was based. Examples of behavior by one parent that may constitute a material and substantial change justifying a modification of managing conservatorship include the use of illegal drugs by a party; being convicted of a crime or subjecting the child to the influence of persons involved in criminal activities; or the physical, mental, or sexual abuse of a child; or
• The child is 12 years old (or more) and has expressed their preference of who should have primary custody to the family court judge in chambers; or
• The conservator who has the exclusive right to designate the child’s primary residence has voluntarily relinquished the primary care and possession of the child to another person for at least six months. This ground does not apply if the primary custodial parent is on military deployment during those six months.

Unless your case falls within these grounds, it might be difficult to get a custody modification order.

Determinations as to whether the circumstances of the child, a conservator, or other party affected by the order have “materially and substantially changed” are necessarily made on a case-by-case basis. Examples of behavior by a parent that may constitute a material and substantial change justifying a modification of managing conservatorship include the use of illegal drugs by a party; being convicted of a crime or subjecting the child to the influence of persons involved in criminal activities; or the physical, mental, or sexual abuse of a child.

An experienced attorney in Austin could discuss the option to modify a custody order and determine if the situation meets these requirements. In the context of child support, a substantial increase in one parent’s income may constitute a material and substantial change justifying modification of support payments.

For more information regarding modification of your divorce decree or custody order, contact the Law Office of Ben Carrasco. I can help you assess your case and determine if your situation meets these requirements.

Custody Modification in Austin, Texas: Initiating the Process

Any party who is affected by the order or the portion of the order to be modified, usually a parent, may file a suit for modification to the court that issued the original order (although it can be filed in a different court in a few exceptional cases).

This legal process often requires demonstrating why the current order no longer suits the child’s needs/best interests. Texas courts will also need to see evidence of a material and substantial change to warrant modifications or the fulfillment of any of the other grounds mentioned above before modifying a custody order. This ensures that any modifications will truly benefit the child.

Custody modification suits are not one-sided, and the other parent must be notified and served with the relevant court papers. They also have the right to contest the suit and provide evidence of why the modification order should not be granted.

The court will assess the evidence provided by both parties (if the other party is contesting) and decide whether or not modifying the custody order is in the child’s best interests. 

Being an experienced child custody lawyer, I am prepared to aggressively advocate for you during the custody modification proceedings, whether or not it is contested. With extensive family law experience, you can rely on me to help you build a strong, compelling case and advance arguments that could convince the court to decide in your favor.

Custody Modification Agreements 

Generally, only a court (usually the same one that gave the prior order) can modify the terms of a custody arrangement. 

However, if you can reach an agreement with your child’s other parent, you may be able to avoid most of the court process. In that case, you’ll both need to sign the appropriate modification suit forms and submit the proposed modification to the court for approval so it becomes legally binding.

An agreed modification, where possible, benefits everyone, especially the children. Legal counsel during the process will benefit you to ensure that the terms agreed upon are properly documented and minimize the risk of future misunderstanding.

I can help draft a thorough custody modification agreement that reflects your true intentions and the rights of everyone involved. This can help enable a smoother transition for your child.

When to File a Custody Modification Suit

Generally anyone seeking the modification of a custody order must wait one year before filing a modification suit if the changes sought are related to who has the right to determine the child’s primary physical residence (or primary custody).

However, there are a few exceptions to this rule. A modification suit may be filed within one year if 

• The person with primary custody agrees
• The person with primary custody is the one seeking the change 
• The child’s present environment is detrimental to their physical health or emotional development.
• The person with primary custody left the child in the care/custody of someone else for at least six months (subject to the military deployment exemption).

Challenges in Modifying Custody Orders

Parents seeking to modify a custody order often face several challenges. 

One of the most common is opposition from the other parent, who may resist changes to the current arrangement out of concern for losing time with the child or altering their own lifestyle. 

Another challenge is proving a significant change in circumstances, such as a parent’s relocation or a change in the child’s needs, which is required to justify the modification.

The emotional strain and potential for heightened conflicts can cause the process to be challenging and stressful for the children involved in the custody and the parents.

The role of the Law Office of Ben Carrasco, PLLC, is to provide the experienced legal support needed to navigate these challenges. I can help parents in Austin, Texas, gather the necessary evidence to prove changes in circumstances and build a compelling case. 

Why Choose the Law Office Of Ben Carrasco, PLLC, for Your Custody Modification Case

Legal representation is crucial in Texas custody modification cases, as the process involves complex legal standards and emotional conflicts. Without skilled legal help, parents may struggle to meet the state’s requirements for proving a significant change in circumstances or effectively counter opposition from the other parent.

At the Law Office of Ben Carrasco, PLLC, I understand the high stakes involved in custody cases and am committed to fighting for positive outcomes while prioritizing the child’s best interests.

My deep understanding of Texas family law and familiarity with the court system in Austin gives me an edge that equips me to fiercely defend your rights and interests in child custody modification.

My broad practice scope also ensures that clients can rely on me for counsel on various family law issues, including visitation schedule modification.

With the understanding of the uniqueness in cases, I offer a personalized approach, where I’ll take the time to understand your situation as well as develop strategies to meet your specific needs.

Choosing me to work for you means you get an experienced partner in your custody modification journey, and my wealth of legal experience and knowledge at your disposal. I’d be glad to guide you through the legal maze and help set you up for a successful outcome.

Contact an Experienced  Child Custody Modification Attorney in Austin, TX

Modification of child custody orders can be complex and overwhelming. Whether due to changes in circumstances or in the child’s preferences, it’s essential to approach custody modifications with a clear understanding of your rights and the legal requirements involved, no matter which side you’re on.

Working with an experienced child custody modification attorney is crucial to ensure the process is as smooth as possible, protect your rights and secure the best possible outcome for your child. 

At the Law Office of Ben Carrasco,  PLLC, I provide experienced legal guidance to parents seeking custody modifications, helping them build and present a strong case to the court. 

For professional assistance with your custody case, contact me today to schedule a consultation and explore your legal options. I am here to answer your questions and provide support throughout the legal process.