After a divorce, either parents enter into an agreement about child custody or a Texas family court judge orders a parenting plan. Normally, these agreements do not occur overnight. Instead, these agreements may arise after months of litigation or negotiation. The point is to ensure that the parenting plan remains in the best interest of the child. What happens if you decide to change the parenting plan? Can you modify the order?

You can modify your child custody order, according to the Texas state statutes. To qualify for a change, there are a number of factors. You only have to prove one factor. The biggest reason that a person may move to change a custody order is if the circumstances of one parent changed in a substantial way. This could mean that the parent has a job that has him or her in a new location or the parent may have an income change. A parent may also suffer from a medical condition or injury that makes it difficult to care for the child.

The other reason that a parent may choose to request a modified child custody order is if the child requests it. In Texas, the child must be at least 12 years old and must express that he or she wants to change who his or her primary caregiver is.

While the court prefers when a person makes modification requests within a year of the original order, a person can file after if he or she proves that the child is in danger, that the modification is in the child’s best interests or if the other parent has not taken care of said child for six months.

The above is not legal advice. It is for informational purposes only.