When Can You Modify Child Custody in Texas?

Houston Divorce Attorney Explains Changes in Circumstances 

Video Transcript:

Duana Boswell-Loechel: 

They're typically gonna want to see some change in circumstance, either of the parties or the children in order to enter a modification.

Molly Hendrickson: 

If you and your spouse are divorced with a set parenting schedule, but one parent wants to change it, when can you modify child custody in Texas? We're gonna talk to Houston divorce attorney, Duana Boswell-Loechel about that on today's episode of Ask The Lawyer. Duana has the distinction of being a board certified family law attorney in the State of Texas. Duana, thanks for joining us today.

Duana Boswell-Loechel: 

Thanks for having me.

Molly Hendrickson: 

When parents get divorced in Texas, the court will typically enter an order of child custody. Can you give us a brief overview of how this works in most cases?

Duana Boswell-Loechel: 

So there's really two options for entry of a divorce decree, and then the child portion of a divorce decree is called a SAPCR or suit affecting parent-child relationship. And that can either be done by agreement of the parties or after a trial, the court ordering. Typically when a judge orders, they're set guidelines that are set up by statute in Texas, which would we call a standard possession order, they usually share rights and duties and making decisions for the children, and then there's even statutory guidelines on setting child support.

Molly Hendrickson: 

So once a child custody order is entered by the court, can it be modified and what is the threshold that has to be met in order for it to be modified?

Duana Boswell-Loechel: 

Yes, release orders are designed to be modified, the court retains continuing exclusive jurisdiction for anything to deal with their court order that affects the children. And typically, they're gonna wanna see at least a year between the entry of the order and a modification, but if there are extenuating circumstances such as a danger to the child, then they can do it much earlier than a year. There's just some more hoops that have to be jumped through to be able to get that on file with the courts. They are typically gonna want to see some change in circumstance of either of the parties or the children in order to enter a modification.

Molly Hendrickson: 

And what about if one parent has a new boyfriend or girlfriend, could that be grounds to modify?

Duana Boswell-Loechel: 

Yes. The threshold for change in circumstance is really pretty low. If there's any change in either of the parties circumstances of how they're living, where they're living, a new relationship, those are all basis for a change in circumstance to allow modification.

Molly Hendrickson: 

And let's talk about, if somebody wants to move, can that make a case for modification and what if the other parent is objecting to that move?

Duana Boswell-Loechel: 

So a lot of it depends on what's in the original court order and whether or not it would have to be modified, so if they don't have a geographic restriction, then that parent can move wherever they would like. Most cases are gonna have a geographic restriction, which will require a modification of the courts, and those are typically pretty difficult to get set aside, there's gonna have to be some extenuating circumstances, typically.

Molly Hendrickson: 

And what about... Let's talk about moving within the state versus outside of the state, are there different grounds that have to be met to modify an order?

Duana Boswell-Loechel: 

They're typically gonna be the same, which is the best interest of the child, so you're gonna really have to prove to the court. Obviously, the further that you're wanting to move away from the other parent, the harder that is going to be to get set aside.

Molly Hendrickson: 

Okay. And if child custody changes, does that mean that child support will also change and can you explain how this works in the process?

Duana Boswell-Loechel: 

So if we have a change in the primary conservator or the parent that gets the designated residence, typically, the child support obligation is gonna change to the other parents. It's not always the case, so that's not set on stone, it really just depends on the circumstances and the income of each parent. So the court is really gonna look at trying to figure out the best situation for that child, but in most cases, you're gonna see whoever is the primary, the other parent paying the child support.

Molly Hendrickson: 

Duana, we certainly appreciate your time today, thank you.

Duana Boswell-Loechel: 

Thank you.

Molly Hendrickson: 

And that's gonna do it for this episode of Ask The Lawyer. My guest has been Duana Boswell-Loechel. If you'd like to ask Duana questions about your situation, call the number on this video. Thanks for watching. I'm Molly Hendrickson for Ask The Lawyers.

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