Child Custody Modifications Attorney in Colleyville, Texas

Life can change in unexpected ways, and your existing child custody arrangement may no longer fit the needs of your family. Whether you’re facing a significant change in your personal circumstances, are concerned about your child’s safety, or simply believe your current arrangement is no longer in their best interests, it may be time to pursue a child custody modification.

Our experienced child custody modifications attorney is here to help you work through the process of modifying your custody order, and make sure that your child’s well-being remains a top priority. Contact us today to schedule a consultation with our experienced and compassionate lawyer.

Understanding Child Custody Modifications in Texas

In Texas, child custody is legally referred to as “conservatorship,” which outlines the rights and responsibilities of each parent regarding decision-making for their child’s education, health, and welfare. As time goes on, however, the original court-ordered custody arrangement might no longer serve the best interests of the child or reflect the realities of the parents’ lives.

In these situations, a custody modification may be necessary. Modifications can involve changes to physical custody (where the child lives), legal custody (decision-making authority), or visitation schedules. 

However, in Texas, the courts don’t take these requests lightly. They prioritize stability for the child, and any proposed changes must be justified with significant evidence that the modification is in the child’s best interest.

Common Reasons for Child Custody Modifications

There are various circumstances under which the court might approve a modification to a child custody arrangement. Some of the most common reasons include:

1. Significant Changes in Parental Circumstances: If a parent’s life has changed substantially—such as a new job requiring relocation, a significant increase or decrease in income, remarriage, or a change in health—these factors could warrant a custody modification.

2. The Child’s Preference: As children grow older, their preferences may change. In Texas, a child’s preference may be considered by the court once they reach the age of 12. While their wishes aren't the sole factor, they can be a strong influence in determining whether a custody modification is appropriate.

3. Concerns About the Child’s Welfare: If the child is in an unsafe environment or the custodial parent is unable to provide proper care—whether due to issues such as neglect, abuse, substance abuse, or mental health problems—immediate action is needed to protect the child. In these situations, modifications may be pursued to remove the child from harm's way.

4. Parental Relocation: If one parent wants to move out of state or a significant distance away, this can drastically impact the existing custody arrangement. A relocation could trigger a modification request to adjust physical custody, visitation, and travel logistics.

5. Non-Compliance with the Existing Order: If one parent is consistently violating the terms of the custody or visitation agreement—such as denying visitation, moving the child without consent, or failing to fulfill their parental duties—a modification may be necessary to better enforce the custody order or shift custodial rights to the other parent.

How to Modify a Child Custody Order in Texas

At Tefera Law Firm, PLLC, our child custody modifications attorney can guide you through the process of modifying your child custody order to reflect your current circumstances. Here are the key steps in pursuing a modification:

1. Filing a Petition: To start the process, the parent seeking the modification must file a petition with the court requesting a change in the custody arrangement. This petition must clearly outline the changes being sought and provide evidence supporting the modification.

2. Proving a Material and Substantial Change: Texas law requires that there must be a “material and substantial change in circumstances” to justify a modification. This means that the parent seeking the change must prove that the current situation is significantly different from when the original order was established and that the modification is in the best interest of the child.

3. Best Interests of the Child Standard: As with all family law matters related to children, the court’s primary concern is the best interest of the child. Factors that the court may consider include the child’s physical and emotional needs, the stability of each parent’s home, the child’s relationship with each parent, and the parents’ ability to co-parent effectively.

4. Mediation and Negotiation: In many cases, modifications can be negotiated outside of court through mediation or informal discussions. If both parents can reach an agreement on the proposed changes, they can present this agreement to the court for approval. However, if an agreement can’t be reached, the case may proceed to a hearing.

5. Court Hearing: If mediation is unsuccessful, a judge will review the evidence and make a final determination regarding the modification request. Both parties will have the opportunity to present their case, and the judge will consider all relevant factors before issuing a new custody order.

Temporary Custody Modifications in Emergency Situations

In some situations, a parent may need an emergency custody modification to protect the child’s immediate safety. If there’s credible evidence of abuse, neglect, or other dangerous circumstances, a parent can request a temporary custody order that grants immediate protection for the child while the full case is being resolved. 

The court will hold an emergency hearing to determine whether a temporary modification is necessary.

At Tefera Law Firm, PLLC, our child custody modifications attorney understands the urgency of these situations and will act quickly to make sure that your child is protected. We’ll help you gather the necessary evidence and present your case to the court in a compelling manner.

Enforcing Custody Modifications

Unfortunately, even after a custody modification has been granted, there are times when one parent fails to comply with the new court order. In these cases, it may be necessary to take legal action to enforce the custody arrangement.

If the other parent is denying visitation, refusing to cooperate with the custody exchange, or otherwise violating the court’s order, you have the right to file a Motion for Enforcement. This legal action asks the court to hold the non-compliant parent accountable for their actions. Penalties for non-compliance can include fines, jail time, and modifications to the custody arrangement.

At Tefera Law Firm, PLLC, we’re committed to making sure that your custody order is respected and that your parental rights are protected. Our child custody modifications attorney will guide you through the enforcement process and advocate for your child’s well-being every step of the way.

How Long Does the Modification Process Take?

The length of the custody modification process can vary depending on several factors, including the challenges of the case, whether both parents agree to the modification, and the court’s schedule. In cases where both parents are in agreement, the process can be relatively quick. 

However, if the case involves contested issues, the process can take several months.

Our firm will work diligently to expedite the process and make sure that your child’s needs are addressed as quickly as possible. We understand that waiting for a resolution can be stressful, and we’re committed to keeping you informed every step of the way.

Why Choose Our Firm?

Choosing the right child custody modifications attorney to handle your custody modification case is essential. At Tefera Law Firm, PLLC, we’re dedicated to providing compassionate, strategic legal representation that prioritizes your child’s well-being. 

Here’s why clients throughout Tarrant County, including Colleyville, Keller, and Grapevine, trust us with their family law matters:

1. Personalized Attention: We take the time to get to know you and understand the unique challenges your family is facing. Your case is never just another file on our desk; we treat each case with the attention and care.

2. Experience and Knowledge: Our child custody modifications attorney has extensive experience handling custody modifications and other difficult family law matters. We’re skilled in both negotiation and litigation, and we’ll tailor our approach to fit your needs.

3. Compassionate Support: We understand how emotionally challenging custody modifications can be, and we’re here to support you through every stage of the process. Our goal is to provide you with peace of mind and confidence as you work to secure the best possible outcome for your child.

4. Aggressive Advocacy: Whether you’re seeking a modification to protect your child’s safety or to accommodate a significant change in your life, we’ll fight tirelessly to make sure that your child’s best interests are protected.