Katy Texas Child Custody Modification Lawyers
Child CUSTODY ModificationsNick Davis Law, which serves Fort Bend, Harris, Montgomery, Waller, Brazoria and surrounding counties, as well as the counties around those two, has experienced child custody modification attorneys that can assist you in modifying the conditions of your Texas custody order.
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CHILD CUSTODY MODIFICATION LAWYERS IN KATY, TEXAS, FORT BEND COUNTY.
Experienced Child Custody Lawyers in Fort Bend, Harris, and Surrounding Counties
After a divorce or an initial suit that affects the parent-child relationship, circumstances can change, and these changes may necessitate a change in the possession and access or rights and duties provisions in your Child Custody Order, as well as increases or decreases to Child Support. In some cases, these changes may even require a change in the amount of Child Support paid.
At Nick Davis Law, our Fort Bend County Child Custody Modification Lawyers in Katy, Texas will examine the details of your situation and provide you with guidance regarding the legal options you have available to modify your custody order. This will allow you to account for any changes that have occurred in the lives of the parties involved or the children. Nick Davis Law has offices in both Katy Texas and The Woodlands.
This approach may be straightforward or involved, depending on the objectives you wish to accomplish and the degree to which the other party will disagree with the proposed changes or accept them.
No of the specifics of your situation, the Child Custody Modification Lawyers at our firm are able to assist you in achieving your objectives and ensuring the success of your case.
A Child Custody Modification is not always available, nor is it automatically granted. In order to obtain a modification of the possession and access as well as the rights and duties of the parents, certain requirements of the Texas Family Code must be satisfied first. If these requirements are met, then a Child Custody Modification can be obtained. Nick Davis Law, serving Fort Bend, Harris, Montgomery, Waller, Brazoria and Surrounding Counties, has experienced Child Custody Modification Lawyers who can assist you in determining whether or not you are eligible to file a Child Custody Modification Suit. They can also assist in determining whether or not you qualify for a Child Custody Modification Suit.
Nick Davis Law in Katy Texas provides potential clients interested in modifying their child custody arrangements with a free case evaluation over the phone or in a video conference, in addition to flexible payment options.
We may be reached at (281) 528-2400.
WHAT ARE THE GROUNDS FOR PURSUING A CHILD CUSTODY MODIFICATION SUIT IN TEXAS?
According to the Texas Family Code, there are essentially four reasons that might lead to a modification of child custody. Each of these reasons requires the court to make a determination that the adjustment is in the child’s best interest:
- Agreement of the Parties
- Child’s Preference
- Voluntary Relinquishment
- Material & Substantial Change
Agreement of the Parties
When it comes to Child Custody Orders, the courts grant parents a great deal of leeway provided that both parties can reach an agreement with one another. As long as it is determined that the Agreement is in the child’s best interest, the court will almost probably approve the Modifications. However, this broad discretion and freedom may be used in either positive or negative ways.
On the one hand, enabling the parties to freely negotiate agreements provides them with greater control over their life and makes it easier for them to make changes to possession and access, geographical limits, child support, and the decision-making authority that is allocated to each parent.
On the other hand, because the court is willing to approve nearly all agreements (provided that they are in the best interest of the children), it is very easy to enter into an agreement that is either ambiguous, unenforceable, infeasible, or potentially detrimental to your future interests. This is because the court is willing to approve nearly all agreements.
It is very easy to set yourself up for future hardships, and in many cases, these problems may not be easily fixed, if they can even be fixed at all. Because of this, it is very important that you have an experienced child custody modification lawyer review your agreement. This is because it is very easy to set yourself up for future hardships.
For example, if the parties agree to modify the possession and access schedule of the divorce decree to a 50/50 possession schedule with the children attending school based on the Mother’s residential address and only the Mother has an attorney draft the paperwork while the Father does not retain an experienced Family Law Attorney to review the terms of the Agreed Order, the Father may discover years later when the Mother moves to another state without the Father’s consent that the terms of the Agreed Order were not followed. In this scenario, the children
This is something that would have been easily noticed by an experienced Texas child custody modification lawyer, particularly when a 50/50 possession plan is to be imposed.
Child’s Preference
The court can Modify a child support order if (1) the child is at least 12 years old and expresses to the court during an in-chambers interview the name of the person who is the child’s preference to be primary conservator and (2) the modification is in the child’s best interest.
Always understand that just because the child will tell the judge who they want to live with the judge does not have to follow it. The Child’s Preference is certainly persuasive to the court but a variety of factors can override the child’s opinion, one of which is evidence of Parental Alienation by one parent against the other.
Voluntary Relinquishment
This clause is frequently misconstrued by its readers. If (1) the conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished primary care and possession of the child to another person for at least six months and (2) the modification is in the best interest of the child, then the court has the authority to modify the custody order.
Child Custody Modification
The child custody order can be modified by the court if there has been a serious and substantial change in the circumstances of a child, a conservator, or any person impacted by the order since the last time the court issued an order regarding child custody. The question of what constitutes a material and substantial change, on the other hand, is one that is very fact-intensive, and it requires the services of an experienced Child Custody Modification Lawyer to compile the relevant evidence in a form that is admissible in court and to present it in a manner that is convincing to the judge. Some components need for significantly more work in terms of preparation and persuasion than others.
A variety of Sexual Criminal Actions are among the occurrences that the Texas Legislature has deemed to constitute a Material and Substantial Change. This determination was made by the Texas legislature.
A wide range of other events, such as the following, have been seen by some to constitute a Material and Substantial Change:
- Violation of Geographic Restrictions
- Parental Alienation
- Changes in the Home Environment such as remarriages of a conservator, a new stepparent, frequent moves, new siblings, and alternative lifestyles;
- Changes in the Age & Needs of the Child
- Mistreatment of a Child
- Parental Conflict
- Incarceration of a Parent
- Relocation of a Parent
- Termination or Reinstatement of Parental Rights.
Schedule a Free Case Evaluation with an Experienced Child Support Lawyer in Katy, TX serving Fort Bend, Harris, and surrounding Counties.
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Are you in need of help in a Child Support suit? At Nick Davis Law our Katy, Texas Child Support Lawyers are ready to answer your questions and help you develop a winning strategy in your unique Child Support case.
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THE BEST INTEREST OF THE CHILD, HOW DOES THIS APPLY IN A CHILD MODIFICATION SUIT?
Experienced Child Custody Representation Fort Bend, Harris, and Surrounding Counties
When deciding whether or not a change of a Child Custody Order is in the child’s best interest, the courts have a great deal of leeway to exercise their discretion. A multitude of variables can have an effect on what is in the child’s best interest, and these considerations can generally be broken down into three categories:
- Concern for the Wellbeing of Children
- Fostering Healthy Relationships Within the Family, and
- Parental Fitness
A skilled child custody modification attorney would, with regard to each of these categories, assess a variety of areas that might offer their client with an edge in court and try to obtain evidence supporting these areas.
Caring for the Child
When determining which parent is better equipped to care for the child, the court will typically take into account factors such as the child’s physical and emotional needs as well as the capacity of each parent to shield the child from physical and emotional harm. This is done in order to reach a decision. The court would undoubtedly give preference to the kid’s parent who is in a better position to provide for the child in the aforementioned areas. For example, whoever parent has greater financial resources or the shown capacity to establish structure, limits, and discipline the kid in a reasonable manner should be considered. In addition, the court will be interested in any earlier behavior of a parent that was either shown to be physically hazardous to the kid or emotionally damaging to the child. This behavior might have occurred at any point in the child’s life.
Within this same category, the court will assess the steadiness of the houses, the parenting abilities of each parent, as well as each parent’s established track record for establishing their capability to be the Primary Caregiver of the kid.
Keeping up with family and maintaining Relationships
In this category, proof can come in the form of things like the following:
- Preferences of the Child;
- Geographic Proximity of the Parties; Distances between Schools, After-School Activities, Healthcare Providers, and
- Other Everyday Concerns;
- The impact that the change may have on the relationship between siblings, such as in the case when parental responsibilities are going to be split between them;
- The degree to which each party supports and acknowledges the existence of healthy relationships between the parties’ respective parents.
Parental Fitness
The court will then deliberate on the appropriateness of the parents’ parenting.
Evidence to support or attack a parent’s character is extremely broad, similar to the other categories, with the exception of bad behavior that occurred either (1) before the birth of the children involved in the case or (2) before the entry of the most recent Child Custody Order. In this case, the evidence to support or attack a parent’s character is limited.
Evidence the court will consider:
- Whether or not a parent is fit to be a parent at the present time;
- the parent’s behavior in the recent past, whether it be good or negative;
- any substance or alcohol abuse;
- any sexual misconduct. However, the court has decided that a party’s sexual behavior is only significant if the kid was exposed to it or had access to evidence of the conduct.
Facts the Court is Prohibited from Considering:
- A party’s current or past marital status. Therefore, the court is not to take into account whether a party is married, single, or divorced while making a decision. Nevertheless, the court has the option to take into account the strength of each parent’s marriage, as well as the gender of either a party or a kid.
- The gender of either party or the child. There is no longer a presumption that the mother is the superior parent to raise a kid, according to a decision that was made in the past by a court in Houston. In spite of this, it would appear that there is still some bias against fathers, particularly in more politically conservative small counties; nevertheless, this bias is a far cry from what it used to be.
- Race.
- Religion. In the context of determining child custody, an individual’s “unusual, aberrant, religious views” are not appropriate factors to take into account.
However, this evidence may be taken into consideration if the views in question violate the law, are unethical, or are damaging to others.
Contact our experienced Fort Bend County Child Custody Modification Lawyers in Katy Texas to develop a strategy to protect your parental rights and learn more about your ability to modify your child custody order in Fort Bend, Harris, Montgomery, Waller, and surrounding counties. We can help you learn more about your ability to modify your child custody order in these counties and more.
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