July 12, 2024

How Do I Modify a Child Custody Agreement?

If your current child custody order is no longer working for your family, you may need to modify the agreement. Here are some tips for changing custody arrangements.

Consult With a Child Custody Lawyer

Your first step should be to discuss your situation with a child custody lawyer. They can review your current custody order and advise if you have legal grounds to request changes. According to the State Bar of Texas, there are over 70,000 licensed attorneys practicing in Texas alone, so you should be able to find knowledgeable representation. A child custody lawyer can also file paperwork and represent you in negotiations or court hearings.

Attempt Informal Negotiation First

Before involving the courts, try informally negotiating new custody terms with your co-parent. Present your proposed changes in writing and use clear logic on how the modifications will benefit your child. Offer compromises and be willing to negotiate. If you can both agree to new custody arrangements, have your child custody lawyers draft a modified agreement for you both to sign. This avoids lengthy court proceedings.

Prove Significant Changes in Circumstances

To modify custody legally, you must prove to the court that circumstances affecting your child's welfare have significantly changed. Examples include moving to a new city, schedule changes that affect the current plan, or issues with the safety of the current environment. Your child getting older or having a preference may also be considered. A child custody lawyer can help gather evidence and testimony to demonstrate these changes.

Get Recommendations From Third Parties

To support your request for modified custody, provide recommendations from people familiar with your child. Teachers, healthcare providers, counselors, or coaches can write letters confirming the proposed changes are in your child's best interest. Have your child custody lawyer submit these with your filing.

Focus on Your Child's Needs

Courts rule on custody based on the best interests of the child, not the parents' best interests. Keep discussions focused on how the changes will improve your child's environment, schedule, and well-being. Be willing to compromise to achieve a new plan that provides stability, security, and care for your little one.

Modifying custody agreements requires effort, planning, and strong justification. With a collaborative mindset and help from a knowledgeable child custody lawyer, you can develop positive new arrangements for your expanding family. If you're looking to change or modify a child custody agreement, call us at The Law Office of Arthur J. White III, P.C. to schedule a consultation.

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