There are many reasons parents hire a child custody modification lawyer Denton County, TX relies on. Many of the people who move to Texas make their home in Denton County for a variety of reasons. Consider the example of a parent who moved from Oklahoma to Denton County, Texas and the circumstances that caused a life change, such as a great new job with a significant promotion. Along with the move, it might be necessary to modify the child custody order. This could be relatively routine, or it could become complicated. Mark Scroggins is a Board-Certified family lawyer in Denton County, TX who advises and represents parents who need assistance with a modification case.
How can I change the court’s existing order regarding child custody, visitation, medical or child support?
The Texas Family Code provides that a court may modify a child custody order when there has been a material and substantial change of circumstances in the parent’s life. A job promotion is an example of a change of circumstances that would affect the ability to follow the current custody order when the job is in Texas and the parent currently lives out-of-state. The court will need to consider the best interests of the child and the facts and circumstances in determining whether to use its discretion to modify the custody order.
In Texas, custody and visitation are general terms people use, but the Family Code and Courts use the terms ‘Conservator,’ ‘Conservatorship,’ and ‘Possession and Access.’
In addition to a material and substantial change in the circumstances of a parent, the wishes of a child age 12 or older may be considered by the court. In many cases the child in their teenage years might want to stay in the same schools and might object to moving with the primary parent. The court may consider but it is not bound by the wishes and desires of a child and what is in their best interest.
Standing to file a child custody modification case in Denton County.
The parent of a child or individual listed as a party to the existing custody order has standing, otherwise known as the legal right, to file a modification case to be heard by the proper court. In certain situations when the parent or party identified in the custody order is unavailable, another individual may file for custody. In certain situations, this other person could be a grandfather, grandmother, uncle, aunt, brother, sister, nephew, nice or another individual with an established relationship with the child. In many cases where a non-parent petitions the court for custody modification, the child has been living with the other for more than six months and the individuals involved find it necessary to modify the order. Standing is a complicated matter best addressed by your child custody modification lawyer in Denton County, TX.
Hiring a Board-Certified, Denton County, TX child custody modification lawyer.
When your child custody modification issues arise, it is important to hire a Board-Certified child custody modification lawyer in Denton County, Texas you are selecting an attorney with recognized experience. Mark Scroggins is Board-Certified in family law by the Texas Board of Legal Specialization. To become Board-Certified, a lawyer must demonstrate they have practiced in their area of specialization for a certain number of years and have litigated a minimum number of hearings and trials in a variety of matters in specialization practice area. In high conflict custody modifications, the experience of a Board-Certified family law attorney is valuable.
Where should a child custody modification case be filed?
A petition to modify a child custody order must be filed in the same county that signed the original order. If the child is living in Denton County and the original order was entered in Dallas County, you would be required to file the modification in Dallas County and your child custody modification lawyer would simultaneously file a motion to transfer the case to the new county where the child resides.
What happens when my child custody order is from another state outside of Texas?
Historically and with so many corporate headquarters located in North Texas it is no surprise that many of the people seeking to modify their custody order, are working off a custody order that was entered in another state outside of Texas. Generally, the original court with jurisdiction can acknowledge a parent and child moving to another state, often with the permission of the original court, and concede that Texas is the new proper state to have jurisdiction over the custody determinations for the child. Jurisdictional issues are technical and depend on a variety of factors from state to state and it is important to use an experienced family law attorney.
Can my child custody modification lawyer in Denton County, TX file a modification action if the child, other parent or I live in another state?
Assume a hypothetical situation where a child lives with mom has primary custody and dad has visitation rights. All are located north of Texas in Oklahoma. If dad gets a new higher paying job or gets married in Denton County, he may seek to modify custody in the best interests of the child. Depending on the circumstances, dad might even seek to be the primary parent because of the quality of schools in Denton County. This could be a challenging feat and hiring a family law Board-Certified modification lawyer from Scroggins Law Group can be an essential step.