Child custody agreements are legally binding arrangements that determine parental rights and responsibilities. However, co-parents’ life circumstances may shift over time, and one of the parents may eventually want to alter their custody order.
Generally, Texas courts allow for modifications when the changes will improve a child’s well-being. However, it’s important to note that not all requests are granted. Understanding when a court may deny a custody modification request can help parents prepare for the legal process.
Absence of material and substantial change in circumstances
One of the primary reasons a Lone Star family court may deny a custody modification request is the absence of a material and substantial change in circumstances. Under Texas Family Code Section 156.101, a custody order can only be altered if the parent seeking a modification demonstrates the occurrence of a significant change since the last custody order.
If the requesting parent fails to prove that a meaningful change has occurred, the court will likely deny the modification request. Minor disagreements or inconveniences, such as disputes over parenting styles or work schedule conflicts, typically do not meet the legal threshold for modification.
No proof of the well-being of the child
Lone Star State courts always advocate for the well-being of the child when establishing custody orders. Even if a parent demonstrates a significant change in circumstances, they must also prove that the proposed modification benefits the child. The court wants confirmation that the requested custody change will improve the child’s overall welfare.
Suppose the changes could potentially harm them. In that case, the modification request will likely be denied. For instance, if a parent seeking primary custody has a history of instability, legal issues or an unsuitable living environment, the court is inclined to deny the modification.
Parents seeking child custody modifications should enlist legal guidance to determine if their request is valid. The appropriate legal support can help ensure co-parents put their kids’ needs first effectively.