When circumstances change after a divorce or custody order, it’s natural to wonder if those changes are significant enough to revisit the court’s decisions. Understanding what constitutes a valid change in circumstances is essential before taking legal steps, whether it’s related to your child’s well-being, living situation, or other factors.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC discuss what qualifies as a substantial change in circumstances, including issues like school performance, mental health, and household disruptions, and how these can impact custody decisions. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Changes in School Performance
You might be wondering what qualifies as a valid reason to make a significant change, especially in a divorce or custody case. Many people think they can just say, “I want to make a change,” but it’s not that simple. There must be something tangible that makes the change necessary.
One common reason is a child’s consistent struggle in school. We’re not just talking about a few tardies during the year, but a more severe and ongoing issue. For example, the child might not be making it to school on time, not completing homework, or simply not performing well.
While we don’t want to imply that the child must be harmed, there should at least be a concern that the current environment is not supportive of the child’s development. These issues could relate to access, possession, or custody arrangements that need to be reassessed.
Mental Health and Illness Concerns
Another substantial change in circumstances might involve a child’s mental health. If a child has been diagnosed with ADD or ADHD, for example, and one parent wants to medicate the child while the other disagrees, it could affect the child’s school performance and behavior.
When both parents share the right to make decisions regarding the child’s psychiatric care but can’t agree, a return to court is often necessary to resolve the situation. This could be a valid reason to request a change in the court order.
New Marriages and Household Issues
Changes can also occur when a parent remarries, and the new spouse creates disruptions in the household. If this new dynamic is causing problems or negatively affecting the child, it might be a reason to revisit custody arrangements. This is another example of a substantial change in circumstances that may warrant legal action.
Ongoing Conflicts Between Parents
Constant disputes between parents, especially over essential decisions regarding the child, can be detrimental to the child’s well-being. If parents are repeatedly unable to agree on key matters such as education, medical treatment, or extracurricular activities, this could be grounds for revisiting the custody arrangement. When both parents are unable to cooperate, the court may decide that a change in custody or visitation is in the best interest of the child.
Relocation and Its Impact
Another scenario where custody arrangements may need to be reconsidered is when one parent relocates, especially if it significantly affects the child’s routine. A substantial change in circumstances can include a parent moving to a different city or state, which may disrupt the child’s schooling, extracurricular activities, and overall stability. Courts often review these changes carefully to determine how the relocation impacts the child’s best interests.
The Role of Substance Abuse
Substance abuse is a serious issue that can affect custody arrangements. If one parent is found to be struggling with substance abuse problems that negatively affect their ability to care for the child, this can constitute a substantial change in circumstances. Courts prioritize the child’s safety and well-being, and any potential danger posed by substance abuse could lead to custody modifications.
Difficulty Defining Substantial Change
It’s important to understand that there isn’t a simple checklist of what qualifies as a substantial change in circumstances. However, there must be clear evidence that the child is struggling in some way, whether emotionally, academically, or behaviorally.
Schools and counselors often provide valuable insights into a child’s well-being, which can serve as evidence when considering a change in custody or visitation. School performance is often a reliable before-and-after indicator that helps assess the need for a change.
Again, it’s not necessary to show that the child has experienced physical harm. But there must be a clear, tangible reason showing that something in the child’s life has shifted enough to justify going back to court.
What Does the Texas Family Code Say About Changes in Circumstances?
Under the Texas Family Code, several sections and statutes address what constitutes a substantial change in circumstances. Here are a few relevant sections:
Section 156.101: This statute outlines the modification of child custody and visitation orders. It states that a court may modify an order if there has been a material and substantial change in the circumstances of the child or parent since the original order.
Section 153.002: This section prioritizes the “best interest of the child” in making decisions about custody and visitation. Any significant changes in a child’s circumstances or environment must be viewed through this lens.
Section 156.102: This section explains that if a custodial parent wishes to move, the court must consider whether this move constitutes a significant change in circumstances that might require a change in custody or visitation arrangements.
Section 153.009: This part of the code requires the court to consider the child’s preference, especially in cases where the child is mature enough to express their wishes. If the child expresses a desire to change their living arrangements, this can be factored into the court’s decision.
These sections give clear guidance on how courts handle requests for changes in custody or visitation and stress that the child’s best interests are always the top priority.
Having an attorney who understands these statutes and can explain them in detail is beneficial for parents navigating the complexities of child custody.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Understanding what qualifies as a substantial change in circumstances is crucial when seeking to modify custody or visitation orders. Whether it’s related to the child’s performance in school, their mental health, or a parent’s life changes, clear evidence is needed to show the necessity for legal action.
If you believe your situation may warrant a change, consult with a family law attorney who can guide you through the process and help determine the best course of action for you and your child.
You can contact us by phone at 817-332-4477, or visit our website at twomolaw.com to set up a free consultation. We offer free initial consultations and are available to meet in person, over the phone, or via Zoom, whichever works best for you.
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Does Mediation Work In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- I Am In The Military. How Should I Prepare For Divorce?
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Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
