Modifying Custody and Visitation: Navigating Changes in Texas Law

In Texas, the child's best interest is always the primary consideration when modifying custody or visitation rights. Both parents and the courts must continually reassess the circumstances to ensure the welfare of the child is prioritized. The purpose of this page is to provide useful information on this topic. However, for specific legal assistance, we encourage you to reach out to America Family Law Center.

What is a Parenting Plan?

A parenting plan is a document that outlines how parents will raise their child after separation or divorce. It details matters such as physical custody, visitation schedules, decision-making rights, and methods for resolving disputes. To delve deeper into the specifics of parenting plans in Texas, visit the official site of the Texas Courts.

Can I Change the Primary Custodial Parent?

Changing the primary custodial parent can be a complex process in Texas. Courts may consider a modification if there has been a substantial and material change in circumstances. This can include things like a significant change in the child's living conditions or a parental relocation. However, the ultimate decision will always be based on the child's best interests. Contact the America Family Law Center for personalized guidance on this matter.

Who Can Modify Custody?

In Texas, either parent, a custodian, a guardian, a foster parent, or even the child themselves (if they are 12 years or older) can request a custody modification. For more information about this topic, the Texas Family Code is a helpful resource.

When Can I Modify My Parenting Plan?

In Texas, you may modify your parenting plan at any time if you can prove that the change is in the best interests of the child and there has been a material and substantial change in circumstances. However, if there is no substantial change in circumstances, you must wait at least one year from the date of the last order before you can request a modification. Our legal team at America Family Law Center can help navigate these complex legal waters.

My Parenting Plan is Not Working; What Can I Do?

If your current parenting plan is not working, the first step is to communicate with the other parent, if possible. If communication fails, you can seek mediation or, if necessary, request a modification from the court. Always remember that at America Family Law Center, we are here to assist you through these challenging times.

How Do I File a Writ if I am Denied my Summer Visitation?

In Texas, if you're denied visitation, you may file a writ, which is a formal written order, to enforce your visitation rights. This process can be complex, but our legal assistance at America Family Law Center can guide you through it. For more detailed information on this process, you can consult the Texas Attorney General's Office.

Take Action

Change is an inevitable part of life, but it doesn't have to mean hardship for your family. At America Family Law Center, our mission is to ensure that every family in Texas has the legal services they need to thrive, even in times of change. If you need help modifying your custody or visitation agreement, please don't hesitate to reach out to us.

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