Sometimes, after a divorce, emotions run high, and you may find yourself just going through the motions, signing paperwork without fully realizing what you’re agreeing to. Later, you might come to the realization that you don’t actually have what you want or need. So, how can you reopen that conversation? What steps should you take to ask for more?
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC, discuss renegotiating custody arrangements and modifying divorce agreements based on changing circumstances. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Understanding What You Want
The first step is understanding exactly what you have now versus what you’re aiming for. For example, the standard for custody in Texas under 50 miles is called an expanded standard. This arrangement offers significant time to the noncustodial parent, but it might not be enough if you’re seeking equal time or want to be the primary conservator. Maybe you want to be the parent who spends the most time with your child. So, the key question becomes: What do you want to change?
When It’s Hard to Change the Current Order
If things are going well with the current arrangement, especially regarding the kids, it can be challenging to convince the court to modify the order. Courts are generally reluctant to change a child’s schedule if there aren’t any significant issues with the other parent.
However, if you simply want more time with your child, we can explore options like negotiating a settlement to increase your time. In fact, these negotiations can begin even before filing a lawsuit. If the other side is agreeable, it’s possible to change the orders without going to court.
The Need for a Substantial Change
Modifying an order usually requires a substantial change in circumstances. There needs to be a clear reason tied to a significant event, either involving the parents or the kids, to justify asking the court for more time. The courts aren’t likely to make changes just because one parent wants more time. They’re cautious about making adjustments that could disrupt a child’s routine based solely on a parent’s wishes. But if there’s been a natural shift in the arrangement—for example, if over the past two or three years you’ve both agreed to more time and it’s worked well—then formalizing that in writing is straightforward.
Documenting Changes in Your Child’s Life
One often overlooked step in modifying custody agreements is keeping a record of how your child’s life has changed since the divorce. Has your child formed stronger bonds with one parent, or have their needs shifted as they’ve grown older?
Courts look at substantial changes in the child’s life to justify modifying an agreement, so documenting these changes—whether it’s in their education, emotional health, or living situation—can be a powerful tool when requesting more time or a new schedule.
Timing Matters: When Is the Right Time to Revisit Custody?
It’s important to remember that courts may be hesitant to modify a custody arrangement shortly after it has been established. Timing plays a critical role in whether the court will be open to revisiting the case.
If a significant amount of time has passed since the initial agreement, and there have been noticeable changes in the family dynamic or the child’s needs, this may be an ideal moment to pursue a modification. Being mindful of the timing can increase your chances of a favorable outcome.
Avoiding Court Through Mediation
The good news is that you don’t always need to file a lawsuit to make these changes. Mediation and settlement negotiations are options that can happen before a case is filed. This can help avoid temporary orders and even court altogether, provided both sides are open to discussion and compromise. This approach can be a smooth way to adjust the orders to fit your new reality.
What Does the Texas Family Code Say About Custody Modifications?
The Texas Family Code governs family law issues, including custody and visitation rights. Below are a few sections and statutes that provide insight into how custody modifications are handled:
Section 156.101 – Modification of Child Custody: This statute explains that a modification can be requested if there has been a material and substantial change in circumstances affecting the child or a parent since the original order was put in place. This means that if your child’s living situation, needs, or emotional health have significantly changed, you may have a basis for modifying the custody agreement.
Section 153.002 – Best Interest of the Child: The primary consideration for Texas courts in any custody case is the best interest of the child. This means that any modification requested must show that the change is ultimately better for the child’s well-being, stability, and emotional health.
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
Custody modifications are possible, but they require careful thought and consideration of all factors involved. Before making any decisions, it’s important to assess what you truly want, document any significant changes, and understand the legal requirements involved. To ensure that your rights and your child’s best interests are protected, consult with a qualified family law attorney to guide you through the process.
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 “Does A Spouse Have A Right To Property That The Other Spouse Inherited Before The Divorce?”
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’m Moving Out Before The Divorce Is Finalized. What Can I Take With Me?
- Does The Texas Court Limit Visitation Due To A History Of Family Violence?
- Is My Ex Entitled To Ongoing Interest In My Defined Benefit Retirement Plan?
- What To Do When The Other Party Violates Court Orders?
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.
