Despite the Best Plans, Custody Modification Can be Necessary
While following the terms of your divorce decree or custody order, there may be bumps in the road, some more significant than others. Issues with conservatorship, possession of or access to the child can arise out of parents’ new relationships, job opportunities and military deployments. There are also times that child abuse, family violence and changes in financial circumstances make it necessary to file a custody modification case to set a new order for conservatorship or possession and access that is in the best interests of the child or children.
In a custody modification case, the party bringing suit must be able to establish a material and substantial change of circumstances, something more than the inconvenience of one parent not being able to make scheduled weekend pick-ups and drop-offs.
Every modification case is unique, and you should obtain proper legal advice to learn your rights and where you stand in bringing a modification suit. In Wichita Falls, Texas, Richard T. Sutherland advises and represents parents with custody and modification issues.
Job Change and Relocation Issues Affecting Custody Arrangements
When a parent has a new opportunity for career advancement, the new job can be beneficial for everyone in the family, including children whose needs become more expensive as they grow older and get closer to high school and their future beyond. At a crossroads, the new job opportunity may affect the parent’s current rights and duties regarding possession and access, regardless whether they are the primary parent with a right to determine the child’s residence.
The parent with possession and access on first, third and fifth weekends, for example, might need to travel further for pick-ups and drop-offs. But what happens when their new job is in South Carolina as opposed to Oklahoma, and transportation and distance are issues?
Listen to Richard T. Sutherland speak on relocation issues in a recent podcast, “Geographic Restrictions and Relocation.”
Grounds for Modification of Custody Orders in Texas
When the terms and conditions of conservatorship, possession of or access to a child are sought to be modified, and it would be in the best interests of the child, the court may modify that custody order. The circumstances of the child, a conservator or other party affected by the original order of the court have materially and substantially changed.
The facts that give rise to what the court may consider a material or substantial change are unique to every family and custody case. An experienced child custody lawyer can advise you as to whether your situation warrants a modification. Some factors that can affect your chances at obtaining a modification may be the age of the child, increased expenses because of change of residence, conviction for child abuse or family violence, military duty obligations and more.
In Wichita Falls, Texas, parents who need a custody modification may seek the advice and representation of child custody attorney Richard T. Sutherland, an experienced and frequent speaker on children’s issues and protecting their best interests. Call Richard T. Sutherland in Wichita Falls at (940) 691-2100 with your questions and custody modification issues.