Fort Worth Child Custody Modifications

What Can Be Changed After a Divorce Decree Is Finalized?

The most common appeals are for a child custody modification, spousal support modification, visitation schedule modification and a modification by someone paying child support after remarrying.

What Qualifies as Material and Substantial Change?

Under the Texas Family Code a material or substantial change could be:

• One parent gets remarried.
• One parent interferes with visitation.
• Parental conflict.
• The child’s needs change.
• Relocation of a parent.

Do Both Parents Need to Agree to The Modification in Fort Worth, Texas?

Agreed Modification

If all of the parties that are involved in the agreement agree that there should be a modification then they can submit a document to the court that is signed by both parties and this makes it likely the court will make the change.

It is important that you file any documentation for changes correctly and in the right manner, which is why we suggest creating your new agreement with the help of your legal representation. They can help you negotiate new terms and ensure the paperwork is correct, making it more likely the court will accept.

You will then be sent a summons for a hearing and in this hearing the Judge will look over your proposal and if they are happy with it then they will sign and finalize it.

Contested Modification

If only one party wants the modification, and the other party disagrees, you will need to speak to your attorney. They will need to arrange a mediation with your spouse as the court will expect you to be able to show that you have attempted to come to an agreement amicably.

If you still cannot come to an agreement through mediation, or your spouse does not turn up, your attorney will then be able to file for a modification by yourself. They will be able to evidence that your spouse was not willing to co-operate or show up

Default Modification

If you filed for a modification, and the other party decided not to respond, you may be able to apply for a default modification.

This happens when there is no response, and once they have been served the modification papers, if they have not responded within the set 20 day time-frame, the courts may look to automatically approve your case by default.

Unfortunately, even if they only have 20 days to respond, if they still respond before it is finalized, your case will still need to proceed in the normal contested or agreed manner.

Different Types of Child Custody Arrangements in Texas

Understanding the different types of child custody arrangements may prove helpful. When you divorced, you may have gone with the standard joint custody arrangement and visitation schedule as it was the best route at the time.

In Fort Worth, Texas, there are two primary forms of custody and visitation; joint custody and sole custody.

If you are seeking a modification, it probably means you wish to swap from one to another, either because your spouse has become a better parent and you believe they should have joint custody, or because you believe they are a danger to your children and you think you should have sole custody.

Joint Custody

Joint custody or joint managing conservatorships are when both parents have the share of the rights and duties of the child. Both parents have an equal say in the important decisions that may be made in the child’s life.

The parent who has the child the majority of the time is the primary custodian and the other parent has visitation rights to the child.

Sole Custody

Sole custody is usually awarded when one parent wants to be made sole managing conservator, giving them the right to make all important decisions regarding the children. In this case the other parent does not have the right to make important decisions.

This will usually be awarded when the courts are concerned about the danger one parent may pose to the children, such as if they are using drugs, have committed crimes or have a history of violence.

It is worth remembering that just because one parent is sole managing conservator does not mean the other parent will not have visitation rights. Sometimes they may still have normal visitations rights, i.e alternating weekends and one night in the week. In other more serious cases, their visitation may need to be supervised. Sole custody should not affect their right to have a good parent child relationship.

Child Custody Modification FAQ