Divorce and Child Custody Lawyers Helping Parents in Dallas, Denton, Rockwall, and Collin County with Modifications
As a family law attorney at The Blacknall Firm, we understand that the needs and circumstances of families can change over time. Sometimes, these changes can affect the terms of a child custody order that was previously put in place. If you are considering seeking a modification of a child custody order, it is important to understand the process and what you can expect.
What Is a Child Custody Modification?
A child custody modification is a legal process through which the terms of a child custody order are changed. This can include modifications to physical custody, legal custody, or both. Physical custody refers to where the child lives, while legal custody refers to the decision-making power over the child’s upbringing. A modification can involve a change in the amount of time the child spends with each parent, a change in the decision-making power of each parent, or both.
Why Would You Seek a Child Custody Modification?
There are many reasons why a parent might seek to modify a child custody order. Some common reasons include:
- A change in the living circumstances of one or both parents, such as a move to a new city or state
- A change in the work schedule or availability of one or both parents
- A change in the child’s needs or preferences, such as a change in school or extracurricular activities
What Is the Process for Modifying a Child Custody Order?
The process for modifying a child custody order can vary depending on the specific circumstances of your case and the laws of your state. In general, however, the following steps are typically involved:
- File a motion to modify child custody: In order to seek a modification, you will need to file a motion with the court that issued the original child custody order. This will typically involve filling out a form and paying a filing fee.
- Serve the other parent: After you have filed your motion, you will need to serve the other parent with a copy of the motion and any supporting documents. This is typically done through the court or a process server.
- Attend a hearing: The court will schedule a hearing to consider your motion to modify child custody. At the hearing, both you and the other parent will have the opportunity to present evidence and argue your case. The judge will then make a decision based on the best interests of the child.
- Follow the court’s order: If the court grants your motion to modify child custody, you will need to follow the new terms of the child custody order. If the court denies your motion, you can appeal the decision if you believe it was made in error.
What Should You Consider Before Seeking a Child Custody Modification?
Before seeking a child custody modification, it is important to consider a number of factors, including:
- The best interests of the child: The court will always consider the best interests of the child when deciding whether to grant a modification. You should carefully consider how a modification will affect the child and whether it is in their best interests.
- The likelihood of success: You should carefully consider the likelihood of success when deciding whether to seek a modification. If the circumstances have not changed significantly since the original child custody order was issued, it may be difficult to convince the court to grant a modification.
- The cost and time involved: Modifying a child custody order can be a complex and time-consuming process, and it may also be costly. You should consider whether the potential benefits of a modification justify the cost and time involved.
If you are considering seeking a modification of a child custody order, it is important to understand the process and what you can expect. A family law attorney at The Blacknall Firm, can help you navigate this process and advocate for the best interests of your child. Contact us to learn more about modifying child custody orders and how we can help.