No marriage is perfect, and unfortunately, sometimes divorce is necessary. Oftentimes for couples with children, the most difficult part of the divorce process is creating a custody agreement that works for both parties. But people change over time and so do their circumstances; as such, an existing custody agreement may need to be modified. In this blog post, we'll explore how to modify custody agreements in Texas.
Understanding the Need for Change
The first step in modifying your custody agreement is understanding why it needs to be changed. If there are no real changes in your life or your ex-spouse's life to warrant a modification, then you may not be able to make any changes to your custody agreement. Understandably, courts can be reluctant to modify agreements if they don't see any real reason why they should do so.
Changes in Circumstances
If you can demonstrate that there has been a significant change in circumstances then you may have more success with convincing the court that a modification of your original agreement is needed. Here is a list of changes that may warrant custody modifications:
- You or your ex-spouse relocating out of state.
- You or your ex-spouse getting a new job with a different schedule.
- You or your ex-spouse losing a job and have less income overall.
- Your child has developed a specific need requiring a custody change.
This is a non-exhaustive list of the potential situations that could arise and encourage parents to make a change.
The Best Interests of the Child Always Come First
It's also important to remember that when it comes to modifications involving children, courts will always look for outcomes that put the best interests of the child first. This means that even if you can prove that there has been a significant change in circumstances since your original custody agreement was signed, if the court believes that changing it won’t benefit the child involved then they may deny your request for modification.
The Ways to Modify Custody Agreements in Texas
In Texas, there are two ways you can go about modifying an existing custody agreement: either through uncontested or through contested avenues (i.e., taking it back up with the court).
Reaching Agreements or Taking Matters to Court
If possible, it's best to try and resolve issues through mediation first because going through the court system, as it can be expensive and time-consuming (not to mention emotionally draining). In order for mediation to work successfully though, both parties must agree on the modification being proposed; otherwise nothing will get resolved. This means gaining approval from your ex-spouse before moving forward with any sort of legal action is key. If your ex-spouse does not want to proceed with the modification, you can take your case to court.
Work With Experienced Custody Advocates
Modifying existing custody agreements isn't easy, but sometimes it's necessary due to changes in circumstances or life events that occur after the original agreement was signed.
When attempting to modify an existing agreement, though, it's important to understand why such a change is needed and gain approval from all parties involved before taking any sort of legal action; this way you can avoid prolonged litigation which can often turn bitter and costly very quickly.
By following these steps carefully and consulting with legal professionals from Calfas Law Group, PLLC when needed, Texans can successfully modify their existing custody agreements while still protecting their own rights and those of their children at the same time!
Has an unexpected change occurred in your life? It may be time to revisit yourContact us at (210) 405-8315 for assistance today.