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How to change a custody order in the state of Texas

divorcechild1.jpgWhen a parent is unsatisfied with current custody orders, he or she has the option of filing a motion for a change in conservatorship or possession and access. Courts will only grant changes if they are in the best interests of the child and one of three other requirements is also fulfilled.

One of the requirements is that the circumstances of the conservator, child or other party must have changed in a material or substantial way since the initial order was placed. Material and substantial changes can include losing a source of income, no longer being able to spend enough time with the child and frequent changes in residency by the primary conservator.

If the child in question is at least 12 years of age, he or she can submit to the court, in writing, the name of a person who would preferably have the exclusive right for choosing where the child will live. By submitting the name of this individual, the additional requirement is fulfilled. In the end, however, the court is responsible for making the final decision.

If the individual who has the exclusive right to decide where the child lives chooses to give up possession and primary care to another individual for at least six months, the additional requirement if fulfilled. This does not apply to conservators with exclusive rights who have temporarily given up primary care and possession in order to fulfill military responsibilities, such as mobilization and deployment.

Pursuing changes in conservatorship and possession and access can be difficult, so many individuals choose to consult with a lawyer in order to obtain legal advice. By working with a lawyer who may be knowledgeable in child custody laws, individuals may be able to assert their interests in court and negotiations while protecting the interests of the child in question.

To learn more about changing a child custody order in Texas, call Sisemore Law Firm, P.C. at 817-336-4444. 

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