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Custody Modification

In family court, circumstances can change and modifications to a former custody order may need to be made. In Texas, a custody order may be modified when:

  • Parents agree to the modification. When the parents agree that a modification is appropriate, they must file a request for modification with the court with their agreement attached. If the court determines the modification is in the best interest of the children, it will issue an order making the terms of the agreement its order modifying the child custody order.
  • One parent petitions the court for a modification. If one parent experiences a substantial change in circumstance to a degree that a modification seems necessary, the parent requesting the modification must submit a petition to the court outlining the reasons a modification is necessary.

The most common reason a parent will need modification is when one parent is moving far enough away that the visitation schedule will need to be changed. Another reason is if the custodial parent has developed a health issue, or for some other reason, the noncustodial parent believes it is in the best interest of the children for the court to change the custody and visitation arrangements.

If one parent objects to the other one’s request for a modification, the court will hold a hearing at which both parents will be allowed to present evidence, including witness testimony and affidavits. At the end of the hearing, the court will make its decision based solely on what it believes is in the best interest of the children.

Contact Us for a free consultation

At AMS Law Group, we are sensitive to problems that arise between parents concerning child custody even after the divorce has been finalized. During this new stressful situation, we listen to your desires and needs and work for the best possible outcome. In order to better serve you, our staff members also speak Arabic, Spanish, and others. We serve those in Dallas, Fort Worth, and Houston, as well as Oklahoma. You can contact us any time day and night. We are available to take your call 24 hours a day 7 days a week.

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    Contact AMS Law Group For Help

    We are sensitive to problems that arise between parents concerning child custody even after the divorce has been finalized. During this new stressful situation, we listen to your desires and needs and work for the best possible outcome.

    If one parent experiences a substantial change in circumstances, or the parents agree to a modification, the court will modify the custody order if it determines the modification is in the best interest of the children.

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