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Can school struggles justify custody change?

On Behalf of | Aug 28, 2024 | Child Custody |

When a child’s report card starts showing declining grades following a divorce or separation, it is natural for parents to worry. You might wonder if your current custody arrangement is hindering your child’s academic progress.

Child custody modifications are possible when there is a substantial change in circumstances. Poor academic performance could qualify, but it is not automatically grounds for a custody change.

It depends on many factors

Courts consider multiple aspects, not just a child’s grades. The law may allow for custody modifications if:

  • The change is in the child’s best interest
  • The child’s present environment may endanger their physical health or emotional development
  • The custodial parent has voluntarily relinquished care and possession of the child

Academic struggles alone may not meet these criteria. But if you can link these struggles to broader issues, such as neglect or an unstable home environment, you might have a case for custody modification.

Courts assess the child’s academic challenges, the custodial parent’s efforts to address them and the non-custodial parent’s potential to offer a better academic setting. They also consider the child’s overall well-being and the emotional impact of any proposed changes.

It is crucial to remember that courts aim for stability in a child’s life. They often do not approve a custody change unless it is clearly in the child’s best interest.

How to help your child

Before pursuing legal action, many parents first consider getting their child a tutor or talking with their child’s teachers and school counselors. If school struggles persist despite these efforts, consulting an attorney becomes crucial.

Academic performance alone might only suffice if it ties directly to the current custody arrangement. A seasoned lawyer in Texas can assess the strength of your case and provide guidance if you choose to seek a custody modification.