Child Custody Modification in Texas

Child Custody Modification


Some families may find themselves in situations that require modification to their child custody orders. Circumstances often change unexpectedly, and a parent that was able to take care of a child before may not now be the best choice for a child. Perhaps a conservator needs to relocate, and has to modify a geographic restriction in the orders. Whatever the cause may be, it is important to seek strong legal assistance when modifications are needed in your child custody plan.


The overarching consideration the Courts take when determining child custody issues is the best interest of the child. Texas Family Code Sec. 156. However, when modification of child custody is sought, the Texas Family Code provides a more stringent mechanism to determine the appropriateness of modification. Courts will look to material and substantial change in the child or parent’s circumstances in order to justify changing the original order.

The Code also provides for immediate relief in the event of danger to a child. When a parent files a modification, he or she may also request temporary orders to maintain the status quo while the modification is litigated. In addition, if it can be proven to the Court that immediate and irreparable harm would result if the child were not removed from his current situation, an emergency writ of habeas corpus could be granted. An experienced lawyer such as those at Chernoff Law can advise you in the steps that need to be taken.


Any time domestic violence occurs involving a child or a person that lives with the child, a child custody modification should be made without hesitation. Domestic violence against a child or if the child is left in another dangerous situation requires immediate action to protect your child’s wellbeing. Our attorneys are here to assist you. Our primary focus is helping families out of difficult situations. Even if you have no reason to believe that your child is in any immediate danger, but simply feel they would benefit from a modification in the child custody agreements, we can help.


Contact a divorce attorney at Chernoff Law to file a modification request against a spouse who is potentially harming your child. In all matters concerning divorce and child modification, the child’s best interests are the main priority and if you believe you able to demonstrate to the court why a change is in the best interest of your child, please call our firm today. We understand how important your children are to you and want to help.