In Texas, modifying child custody is an option in some (but not all) circumstances. With this in mind, if you are interested in modifying your child custody agreement as a father, it will be important for you to discuss your situation with an experienced child custody attorney. An experienced custody attorney will be able to help you make informed decisions based on your specific circumstances, and, if you decide to seek a modification, your attorney will be able to represent you throughout the process.
5 Steps for Seeking to Modify Custody as a Father in Texas
Every situation is unique, and the specific steps you need to take to seek a child custody modification in Texas depend on the circumstances of your case. With this in mind, the steps involved in seeking to modify custody as a father in Texas generally include:
1. Make Sure You Have Grounds to Seek a Child Custody Modification
Before you start the process, you should make sure you have grounds to seek a child custody modification. The primary grounds for seeking to modify a child custody agreement in Texas are:
- Material Change in Circumstances – You may be eligible to request a modification if a significant (or “material”) change in circumstances means that your agreement no longer works.
- Your Child is At Least 12 Years Old and Has Expressed a Desire for Change – You may also be eligible to request a modification if your child is at least 12 years old and has independently expressed a desire for a change in your current custody arrangement.
If you are interested in seeking a modification based on a change in circumstances, your attorney will be able to determine if the change in question is significant enough to warrant a petition. If your child has expressed a desire for change, this is a delicate situation, and your attorney can help you take the necessary steps under the circumstances at hand.
2. File a Custody Petition with the Family Court
If you are eligible to request a change in custody, the next step is to file a custody petition with the appropriate family court. Your child custody attorney can determine where you need to file and then prepare and file your petition on your behalf.
3. Prepare to Demonstrate Why a Modification is In Your Child’s Best Interests
As with your original custody agreement, your requested modification must reflect your child’s best interests. Your attorney can assist you with applying Texas’s “best interests” factors and determining what modification(s) to request.
4. Attend Mediation
Typically, the next step in the process is to attend mediation. This involves sitting down with your former spouse or partner and a neutral third-party (the mediator) to try to reach an agreement. Your custody attorney can represent you in mediation and provide advice focused on achieving your goals.
5. Present Your Case for Modification in Court if Necessary
If you and your former spouse or partner cannot come to terms, then you can present your case for modification in court. Seeking a child custody modification in court is a formal legal process, so it is important to have an experienced attorney on your side.
Again, these are the steps involved in seeking a child custody modification in most cases. If your former spouse or partner has abandoned your child, if you fear for your child’s safety, or if you are facing any other emergency, there are other options available. If you are dealing with an emergency, a child custody lawyer at our firm can guide you forward.
How an Experienced Texas Custody Attorney Can Help
In all cases, if you are interested in modifying your existing child custody agreement, there are several ways an experienced custody attorney can help you. These include:
- Determining if you have grounds to request a modification to your child custody agreement;
- Determining what modification(s) you should seek based on the circumstances of your case;
- Preparing and filing your custody petition in the appropriate family court;
- Representing you in mediation and in court as necessary; and,
- Helping you make informed and confident decisions throughout the process.
Q&A with an Experienced Texas Child Custody Lawyer
Can a father modify a child custody agreement in Texas?
Both parents can request modifications to their child custody agreements in Texas under appropriate circumstances. If you are interested in modifying your child custody agreement as a father, your first step is to consult with a child custody lawyer who can provide personalized legal advice based on your specific circumstances.
What evidence does a father need to modify child custody in Texas?
Fathers need two types of evidence to seek modifications to their child custody agreements in Texas: (i) evidence that a modification is warranted; and (ii) evidence that the specific modification they are requesting is in their child’s best interests. An experienced child custody lawyer will be able to assist with gathering and preparing both types of evidence.
Can a father modify custody without going to court?
Modifying child custody in Texas necessarily involves going to court. Child custody is awarded by court order, so modifying child custody requires a court order as well.
Do fathers need a lawyer to modify child custody in Texas?
While not required, hiring a lawyer to help you seek a modification to your child custody agreement is strongly recommended. Not only must you meet specific requirements to submit a valid request for a modification, but you must also be able to clearly demonstrate why your requested modification is appropriate under the circumstances at hand.
Schedule a Confidential Consultation with a Texas Child Custody Attorney Today
If you would like more information about seeking a modification to your child custody agreement in Texas, we invite you to get in touch. With offices in San Antonio, we represent fathers statewide. To speak with an experienced child custody attorney at Roberson Duran Family Law in confidence, give us a call at 210-224-4077 or request an appointment online today.