When you have a son or daughter with someone in Texas and your marriage ends, you may need to come up with a child custody arrangement that meets you, your former partner and your shared child’s needs. Once your child custody order takes effect, you may only change it if certain circumstances exist and if you follow a certain protocol.
Only a judge has the capacity to change a court order, so if you wish to have yours changed, you must open up a formal modification case.
When you may ask for a modification
To have your child support order undergo modification, you must be able to show that such a change would be in your child’s best interests. You also have to show that at least one of three things has taken place.
Grounds for a modification
First, you may be able to get a modification if you show that your own circumstances, or that of your child or the child’s other parent, have undergone substantial change. For example, maybe you lost a job, or your child now has expensive medical needs he or she did not when the order first took effect.
You may, too, be able to get a child custody modification if your child is at least 12 and willing to tell the judge the parent with whom he or she wants to live. You may also be able to request a modification if the person with primary custody over your child has given caretaking responsibilities to someone else for six months or longer.
Please note that if you or your child’s other parent is in the military, some of the above information may not apply.