In the state of Texas, child custody can be agreed upon by both parties or established by the Court. When established by the Court, considerations that may be involved include:
- The physical, emotional, and developmental needs of the child
- The child’s welfare and best interests
- The home in which the child is already established
- The involvement of each parent in the child’s life prior to the suit
If the child is over the age of 12, he or she will be interviewed by the presiding judge, enabling the Court to take their preference into account. Children under the age of 12 may also be interviewed, although their preference will not play a decisive role in the establishment of conservatorship.
Family law courts in Texas do not consider the sex or marriage status of either parent when establishing conservatorship, visitation or access to the child.
Modifying Existing Child Custody Agreements in Texas
A child custody and visitation agreement can be modified when necessitated by the needs of the child or changes in family circumstances. A petition to modify child custody in Texas can be filed with the Court by either parent. When there is disagreement involved in the modification, it must be established that the change is in the best interest of the child.
Considerations made by the Court in determining if an existing agreement should be modified include:
- Family or child circumstances have changed substantially and materially since the original agreement was put in place
- The child’s physical, emotional, or developmental health is endangered by their current environment
- The custodial parent has allowed the child to live with someone else for six months or longer
These are not the only things the court will look for, but they will be weighted heavily in cases where parents cannot agree on custody and visitation. This is just one reason you need an experienced and proven Sugar Land child custody lawyer on your side from the moment you decide to seek modification.
If you live in Katy, Conroe, The Woodlands, or surrounding areas of Texas and need a child custody modification, please contact the Kutty Law Firm to schedule an informative consultation today. Located in Sugar Land, Yasmin Kutty serves families dealing with divorce, custody, and family law issues in the counties of Fort Bend, Montgomery, and Brazoria.
