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Family Law

Frisco Child Custody Modification Attorney

Divorce is difficult, but when children are involved, it is even harder. Child custody is often determined as part of the divorce. Sometimes, the parents agree on the terms ahead of time, and other times, the judge decides for them. Whatever the case, both parties are legally bound to abide by the terms of the order.

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Upset child holding stuffed animal with parents avoiding communication about custody in the background.
Family Law Of North Texas — Child Custody Lawyer

But what happens if circumstances change? Children grow, and parents move on with their lives. Sometimes, there is a substantial change that affects the child, the parents, or all of them. Often, the circumstances that were once used to determine custody are no longer relevant. What happens then?

It may be necessary to modify the custody agreement to arrive at something that is more viable for the parties involved. A parent cannot modify custody on their own. They must go through the court in order for it to be legally binding. A child custody modification lawyer can make the process easier while protecting the rights of you and your child.

How Is Child Custody Determined In Texas?

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Divorce and Child Custody Attorney — Family Law of North Texas

The primary consideration for the court in a custody case is to do what is in the best interest of the child. Texas law does not explicitly define what factors the court is to use to determine the child's best interest. Ultimately, it is what the judge deems necessary and relevant. Some factors that may be considered include:

  • The age and health of the child and parents
  • Any special needs with the child or parents
  • The home environment of each parent.
  • Each parent's personal history, such as a criminal record, domestic violence, or accusations of abuse.
  • The emotional and physical needs of the child
  • The parents' ability to provide for the child.
  • The child’s relationship with each parent and other siblings.
  • Any family history of domestic violence, child abuse, alcohol or drug use or abuse, or other issues that may present a risk of physical or emotional harm to the child
  • How much time each parent is able or willing to spend with the child
  • The child’s education
  • How involved each parent is the child currently

Child support and child custody are often determined at the same time, but child support does not affect child custody or visitation.

In custody modifications, again, the best interests of the child are the top priority. The judge will review any material and substantial change in circumstances to determine if it warrants a change to the current custody agreement that is in place. If so, the request for modification will be granted.

Frequently Asked Questions Regarding Child Custody

There are often a lot of questions regarding child support, custody, and custody modification.

What is a custodial parent?

In a custody case, one parent is the custodial parent while the other parent is the noncustodial parent. The custodial parent is who the child lives with the majority of the time, or what the law refers to as possession. The noncustodial parent typically has visitation or access and pays child support.

Do you need a family law attorney in a child custody modification case?

It is a good idea to have a board-certified family law attorney representing you in your case. They have the legal specialization to successfully navigate the family court system while protecting your and your child's best interests.

Additionally, the attorney-client relationship is one of trust and support, so you won't feel quite so alone.

In what court does a parent file a child custody modification case?

You must file your custody modification case in the Texas county where the order was originally made, even if you no longer live there.

What happens if my previous child custody order to be modified is from a court outside of Texas?

If one or both parties have experienced a material and substantial change in circumstances and a modification of custody is necessary, your best course of action is to talk to a family law attorney who can advise you of your legal rights and the best course of action for your out of state modification.

If the noncustodial parent isn't making their court-ordered child support payments, can they be denied visitation?

In Texas, child support and custody laws keep the two separate. These issues rarely affect parental rights. However, it may be a good idea to seek child support modification and perhaps even review the terms of your custody agreement.

Contact a Lawyer to Change Your Custody Order

When you need a child custody modification lawyer to help you change your custody order, we are here to help. We are a Texas board-certified family law firm, and we represent parents just like you who want what is best for their children. We offer professional, compassionate representation, and we'll support you throughout your legal process, whether it's custody, support, visitation, or something else. Call today to see how we can help you.

Experienced Custody Modification Attorneys Serving Collin and Denton Counties

For all your family law matters, you can count on us. We represent clients in Denton County, Collin County, and the surrounding area. Call today to schedule a consultation, let's take a look at your case together and create a strategy to win.

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