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Changing a custody order within a year in Texas

On Behalf of | Nov 23, 2021 | Family Law |

A lot can change after your divorce in Texas, forcing you to amend your child custody and visitation order. Provided that the Texas court allows you to change your custody order after a year, what can you do if the matter can’t wait a year? Read on to find out more.

Child custody laws

If you want to modify a child custody order, Texas law requires you to wait one year from the time the last order was agreed upon. The court tries to give a child a stable home and environment; thus, constant modifications are discouraged unless completely necessary.

Circumstances that warrant child custody modifications

Texas judges understand that no circumstance is permanent. Therefore, if you have a good case that also protects the best interest of the child, you can get the modifications you desire. Here are the three circumstances that may warrant child custody amendment:

  • If the primary custodian lets another person stay with the child for 6 months or more. However, if the parent is in the military and is on an active-duty deployment, you cannot challenge the custody order.
  • If the current environment of the child puts them in physical harm or could affect them emotionally.
  • If the primary custodian agrees that it is in the best interest of the child to modify custody.

Ensure that you carry all the relevant documents or evidence that support your claim for modification. You will also need to submit a declaration form with all the facts surrounding modification.

Remember that you could face penalties for filing a frivolous lawsuit to modify child custody. The judge can ask you to pay attorney fees for the other spouse for wasting their time and energy with the lawsuit. So, make sure that your reason for this rush need to change the child custody order is important, especially for the child’s interest.