Families change over time. A custody arrangement that worked when an order was originally entered may no longer fit a child's needs or the circumstances of either parent. When significant changes occur, it may be necessary to ask the court to modify an existing custody or visitation order. Attorney Benjamin Baker represents parents in child custody modification matters throughout Sherman, Grayson County, Fannin County, and Collin County.
Once a Texas court has entered an order concerning custody or visitation, the parents cannot permanently change that order simply through an informal agreement. A modification case asks the court to replace or revise portions of the existing order.
Texas courts consider the child's best interests when deciding custody and visitation matters. Depending on the circumstances, a parent requesting a modification may also need to demonstrate that circumstances have materially and substantially changed since the existing order was entered. Because every family is different, the facts surrounding the requested change are especially important.
Circumstances leading to a custody modification may include:
A parent's relocation
Significant changes in a parent's work or living situation
Changes in a child's needs
Problems with the existing possession schedule
Concerns about a child's health or safety
A parent repeatedly failing to follow the current order
A child spending substantially more time with one parent
Changes involving school, activities, or transportation
Other major changes affecting the family
Not every modification has to become a prolonged dispute. When parents agree that an existing arrangement should change, Benjamin can help ensure the new arrangement is properly documented and presented to the court. Formalizing the modification is important because an informal agreement between parents generally does not replace the existing court order.
When parents disagree, the case may require evidence and testimony showing why the requested modification should or should not be made. Benjamin represents clients seeking custody modifications as well as parents who believe a proposed change is unnecessary or contrary to their child's best interests.
Changes to custody can affect other parts of a family court order. A modification case may involve conservatorship, possession and access, decision-making authority, child support, medical support, or several of these issues at once. Benjamin helps clients look at the complete situation rather than treating each issue in isolation.
Benjamin Baker's office is located in Sherman, Texas, and he represents family law clients throughout Grayson County, Fannin County, and Collin County, including Denison, Bonham, McKinney, and surrounding North Texas communities.
If your current custody arrangement no longer reflects your family's circumstances, contact Benjamin Baker to discuss whether pursuing a modification may be appropriate.