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What do you need to do to modify or change your custody order?

| Apr 9, 2021 | Child Custody |

After your divorce, you may not be happy about the terms set for custody. Perhaps you don’t have very much time with your children, or maybe the parenting plan doesn’t take into account your work demands.

Whether you have had issues from the date of the original order or have recently realized the custody order doesn’t work as well as it should, you may want to change it. The courts use the term modification to refer to a formal change to an existing custody order. What is the process of getting a custody modification as a parent in Texas?

You need to file a request

You can potentially reach any sort of informal agreement that you want to with your ex regardless of what the custody order says. They might allow you to take on more parenting time or change when you pick up the kids. However, the original custody order remains enforceable even if the two of you have an oral agreement to the contrary.

It is best to protect yourself by requesting a formal modification when you want more parenting time or any change to your original order. If your ex agrees with your request, you could file an uncontested request. Otherwise, you can file for a contested hearing where each of you can present your side of the situation. The courts can then change the custody order to better fit your family’s current needs.

A modification officially changes your responsibilities

Whether you want more equally shared parenting time or the ability to take the kids on vacation across state borders, a modification will help protect you. As with any family court proceeding, mistakes when requesting a modification or communicating with the courts could complicate the situation. Having legal assistance with this process increases your chances of avoiding mistakes and securing the outcome you need.

 

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