Some thinks that child custody is all-or-nothing. You either have custody, or you have visitation for limited time. Good thing is, custody is more flexible than that. It can be arranged to fit the needs of the family and there are options that can be fully discussed with a knowledgeable attorney. But the main thing is, it should always be for the best interest of the child.
In Texas, custody is a broad word. It can be identified in two separate parts: Conservatorship, the rights, duties and decision-making power of parents and possession and access, which is the visitation component of physically spending time with the child.
Most of the time, parents are appointed joint managing conservators which only means that both parents have equal say over major decisions in the child's life. It does not mean the child splits his or her time between two parents. The court can also consider the following factors in setting up a visitation schedule such as:
Parent's work schedule
Parental involvement in the child's life
The child's requests (at a certain age)
Educational or other needs of the child
Modification of Child Custody
Once child support is ordered by the court, the only way to modify the order is to file a petition with the court. The parenting plan ordered by the court for your child may need to be modified as your child's needs change. This may be done either informally or formally. If both parents agree to make a simple change to the parenting plan, it is not necessary to go to trial or file a petition with the court. Parents usually agree to simple or minor change like changes in days, time or locations. But for major changes, such us where the child stays the majority of the time, this will require a new court order.
Determine if an agreement on custody can be reached. Talk to your child's other parent to see if he or she agrees to the modification that would like to make.
Locate the proper forms.
Complete the necessary forms.
File the forms with the appropriate Court.
Prepare and attend your hearing.
Wait for the Court's decision and order. You should receive the order in the mail usually within a few days to three weeks.
Trust Law Office of Linda Lee Cechura, PLLC to handle your child custody concerns. Contact us today at 512-255-9400.
Steps in modification