Grounds for Modifying Conservatorships (Child Custody)

There are several situations that warrant a modification in conservatorship by the court. In order to file suit to modify your conservatorship agreement, a parent must show the custody modification will be in the best interest of the child. In addition to the modification being in the best interest of the child, there must be proof of one of the following:

• Changed circumstances –

The most common ground for modification is based on a material and substantial change in circumstances. There are statutory changes that warrant modification, as well as specific types of changes that have been determined by the court to warrant modification. Whether a change is material and substantial is a determination made on a case-by-case basis.

If a conservator has been convicted or received deferred adjudication for sexual abuse, continued sexual abuse, or family violence, a modification suit can be pursued to change conservatorship in a manner that best protects the child.

Other changes that may permit change in conservatorship, possession or access includes a parent violating the geographic restriction established in a final order or a parent wanting to relocate outside of the geographic region that is restricted by the order. Parental alienation, conflict, incarceration are potential grounds for modifying a custody order – but is ultimately up to the court’s discretion.

Another common ground used to modify a custody order is change within the home environment. It is in the best interest of the child to have a stable home life. Activities such as school, sports, and church create routine and stability around a child’s life. When parents decide to divorce or change custody situations, the child’s surrounding environment may be evaluated in order to determine what is best for the child.  Changes in a child’s home environment may include the remarriage of a parent, frequent moves, gaining additional siblings, or a frequent change in intimate partners by a conservator. Home environment changes may be material and substantial enough to modify an existing custody order.

As time passes, a child’s needs change with age. A child may become increasingly more involved in activities. For example, a court has ruled summer possession for a parent warranted modification because of the child’s involvement in sports over the summer months. Consistency in the home environment is important to the growth and development to a child, both physically and emotionally.

• Relinquishment –

When the parent who has the right to designate the primary residence, relinquishes primary care and possession for a period of six month or longer, the court has the ability to modify the custody order. When a court renders finals orders regarding child custody, a conservator is given the as the primary conservator to designate a child’s residence. If the designated conservator has relinquished their possession of the child, a court can modify who has the right to choose the primary residence of the child.

• Child over 12 years of age requests change –

The Texas Family Code allows a court to modify custody based on the request of the child. Once a child obtains 12 years of age, they can request who they want to be primary conservator. A child can only request who which conservator has the right to designate the child’s residence. The decision must be in the child’s best interest. In modification suits, a child can tell the judge who they prefer to be the primary conservator by interviewing the child in the judge’s chambers.

The grounds for seeking a modification in Texas can be used collectively or individually to prove that modifying a child custody agreement is in the best interest of the child. If you feel that your current custody agreement may be subject to modification, please call The Wright Firm, LLP Attorneys today at (972) 353-4600.