Many people are unhappy with the child custody ruling the court made when they assessed their family circumstances. However, just because a parent is unhappy with the current situation, it does not mean that it would be a good idea to go ahead and request a child custody modification.
The courts have already made a decision based on the current circumstances, and they are unlikely to change their decision if you seek a modification just after the ruling. However, if there has been a significant change in circumstances, then it might be appropriate to go about filing for a child custody modification.
What change in circumstances would constitute a child custody modification request?
There are many things that are likely to change when you are raising children. The change in circumstances should be relevant to the reasoning behind the current child custody ruling. For example, if you are a parent that does not have custody of your child because you were living across the country at the time, it would be appropriate to request a child custody modification after you moved to the same town as where they are living. In a situation like this, it is likely that you would be successful in modifying the order.
Similarly, documented changes in life circumstances and the ability to care for a child can be enough to modify a child custody order. For example, if a parent had shared custody of their child and they were later arrested on a drug charge, they may have their custody revoked if it was found that visitation was not in the child’s best interests.
Conversely, a parent who was abusing drugs in the past may be able to regain custody if he or she can show that they have successfully recovered and are committed to caring for and loving their child.
If you believe that a change in circumstances has taken place in your family, it is important to understand fully how child custody law might apply to you in the state of Texas before filing for a custody modification. A attorney can review your situation and explain your legal options.