Do you need to modify who has the right to establish the primary residence of your child and it’s been less than a year since the last order was signed by the Court, contact a child custody modification lawyer in Frisco, Texas who can advise you if Texas law will allow you to modify the primary residence of the child when it has been less than a year since the prior order was entered.
When Can You Modify a Child Custody Order in Texas?
The Texas Family Code only allows modification to who has the exclusive right to designate the primary residence of the child within less than one year of the prior order for a couple of very specific reasons. These reasons are as follows:
- The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;
- The person who has the exclusive right to designate the primary residence of the child is the person seeking the modification or has agreed to the modification; or
- The person who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least six months, and the modification is in the best interest of the child.
The most common reason a parent needs to modify who has the exclusive right to designate the primary residence of the child is because the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development.
It is not considered voluntarily relinquishing the child for at least six months if the parent with the exclusive right to designate the primary residence of the child is on military deployment, military mobilization or temporary military duty.
Why Should You Hire a Child Custody Modification Lawyer?
If you are considering filing a child custody modification in Frisco Texas or surrounding areas such as Collin County, Denton County, or Dallas County, you should consult with a child custody modification lawyer. Modifying child custody within less than a year from the entry of the prior order can be a complicated process. To begin the modification process, you must file a petition and that petition must have an affidavit attached to it that sets out the reasons for the requested modification. The only acceptable reasons to modify the party who has the exclusive right to designate the primary residence of the child within less than one year are those enumerated above. Further, if you are claiming that the child’s present environment may endanger their physical health or emotional development, you must set out in the affidavit specific facts that support your claim. The court will consider your affidavit and the purported facts contained therein and determine whether or not the facts, if true, are adequate to support the modification. Otherwise, the court is required to deny the requested modification. If the court determines the allegations in the affidavit, if true, are sufficient to prove that the child’s present environment may endanger their physical health or emotional development, then the court will set a hearing.
This is not to be confused with changing other parts of your custody order such as possession and access to the child. You can modify a child custody order within less than a year when that modification does not request a change in who has the exclusive right to designate the primary residence of the child without having to meet the requirements listed above. However, requesting a change in child custody other than changing who has the exclusive right to designate the primary residence of the child when it has been less than one year still has its own hurdles that need to be considered and overcome. For example, you must be able to show that there has been a material and substantial change in circumstances that warrants changing the custody order. In all suits regarding a child, what is in the best interest of the child is always of paramount concern to the courts.
Contact the Family Law Attorneys at Scroggins Law Group
This information is being brought to you by Mark L. Scroggins and Scroggins Law Group. Mr. Scroggins is a family lawyer in Frisco, Texas who is board certified in family law and has years of experience working with parents who need to modify a prior custody order. In Texas, to achieve board certification in an area of law, you must meet specific experience requirements. An attorney must apply for and be approved by the Texas Board of Legal Specialization to sit for the board certification exam. If approved, the attorney must then pass an arduous exam to become board certified.?
Whether it has been less than one year since the prior order was entered, or ten years, if you live in Frisco Texas or the surrounding areas and are considering modifying a child custody order you should consult with a child custody modification lawyer in Frisco who can advise you about your rights as a parent and the specific requirements, if any, to modify your order. Call a board certified family law attorney as soon as you can to get the expert help you need.
