Changing a Child Custody Order

Life is rarely constant. This is even more true when it comes to life with children. Things are constantly changing, and you have to adapt.

When a life change affects your child custody order, however, it is important to work with an attorney to ensure you handle it properly. A mistake could cause problems with your custody. At Sutton Milam & Fanning, PLLC, in Waco, Texas, we can help you modify your custody order in a way that fits a change in your life.

When Can You Modify an Order?

Generally, a child custody order can be modified under a few different circumstances:

  • The circumstances of a parent or the child have changed significantly.
  • A child who is 12 years or older has requested a change.
  • The custodial parent allowed another person have custody of the child for at least six months.

The most common of these is a change in one parent's circumstances. This may mean a new job that changes your schedule, a serious medical condition that impacts your ability to care for your child, a relocation due to work or another reason, or a remarriage.

It may also be possible to alter an order if one parent becomes unfit to care for the child because of an addiction, prison time or other behavior that puts the child at risk.

How Do You Modify an Order?

You will have to petition a judge to have your modification request approved. A judge will consider whether the changes support the best interests of the child before allowing you to move forward with the new parenting plan.

If you and the other parent agree, a judge will simply have to sign off on the new order. If you do not agree, there will be a court hearing to determine whether the modification request can be implemented.

We Can Help by Telling Your Story

A major component of any child custody matter is explaining to a judge why a change should be made. Often this means presenting a compelling argument in your favor. At our firm, we will be your advocates, and we will tell your story.

If a new job has prompted the change, we will explain to the judge why your new job is good for your children. If you have been diagnosed with an illness, we will explain how it affects your ability to uphold your current parenting plan. Whatever your circumstances, we will be on your side, standing up for you, every step of the way.

Learn More in a Free Consultation

At our firm, your first consultation is free. To schedule a time to discuss your modification with one of our lawyers, please call us at 254-633-3048 or contact us via email. We assist individuals throughout McLennan County.