There are many reasons divorced couples might want to modify their custody orders. For example, job changes, relocation and changes in a child’s needs due to illnesses or disabilities may require both parents to adapt how much time and money they can reasonably invest on their children.
However, even if divorced parents come to a mutual agreement on how they should handle custody, they still have a legal obligation to follow their custody order. These orders cannot be modified without getting approval from a judge in court.
Do you have to go to court to modify a custody order?
Divorced parents cannot legally change custody orders without going to court and filing a formal petition. The process is often quick if both parents have agreed to modify custody orders. In Texas, petitioning the court is often accomplished through the following steps:
- The divorced couple gathers the evidence they need that a modification to a custody order is necessary.
- If the parents modified a custody order in recent history, they must wait at least one year before modifying it again.
- If only one parent files the request, they must notify the other parent to make them aware of the court action.
- The judge will approve or deny the request after a hearing.
However, if neither of the parents agree, the case will go to trial. Here, a judge will make the final decision after hearing from both parties. To avoid this, many parents will attempt to reach an agreement through mediation.
Navigating custody laws with an attorney
Understanding complex child custody laws can be difficult without the assistance of a legal professional. Divorced parents often seek guidance from attorneys to help them make sense of difficult proceedings, disputes and agreements concerning the custody of their children.