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When do the courts modify child custody in Texas?

On Behalf of | Aug 5, 2022 | Divorce |

Circumstances sometimes change between divorced parents. Your former spouse may have married someone who does not treat your child right. Now you wonder if the court will modify your child’s custody agreement.

Courts no longer use the terms “visitation” and “child custody” in Texas. Instead, the courts use the term “child conservatorship” because they feel it’s better for the children.

The court always considers the best interests of the child

The court will consider many things when considering which parent a child should live with. This includes a former spouse’s ability to parent the child and the child’s emotional and physical needs.

Courts in every state make decisions based on the safety and welfare of the child. Change can be traumatic for children and if the child is doing well, the court will not change living arrangements.

The court will be careful not to cause mental distress to children in child conservatorships. According to the World Health Organization, up to 16% of diseases among adolescents are mental health conditions.

Will a court modify a child conservatorship?

A court normally will only change a child conservatorship for the following reasons:

  • If the child is at least 12 years old and states a preference to the court of living with the other parent
  • Circumstances of either of the conservators or the child have materially changed
  • The conservator the child now lives with voluntarily gives up possession of the child. Also, that relinquishment was not due to military service.

If you wish to change your child’s existing conservatorship, you will need to file a motion with the court.


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