A child custody agreement sets rules for parenting, such as who makes decisions, when each parent gets time with the child, and other responsibilities. But life doesn’t always stay the same; sometimes, a custody order no longer fits a family’s situation. If you need to change a custody agreement in San Antonio, Texas, it’s imperative to understand the legal process to ensure everything is handled correctly. A San Antonio child custody and support attorney can help you understand how to modify a custody agreement.
What Is a Custody Agreement?
A custody agreement is a legal document that decides where a child lives and who makes critical decisions. Texas courts focus on the child’s best interests, so any changes must support their well-being. While parents may initially agree on a schedule, life changes can make updates necessary. Whether both parents agree or one objects, the court has the final say on modifications.
Reasons to Modify a Custody Agreement
Courts won’t change custody just because a parent wants it—they need real proof that it’s best for the child. Common reasons include a parent moving out of state, a child’s changing needs, or a parent struggling with addiction or neglect. A new plan might be needed if one parent keeps breaking the agreement or constant conflict makes things stressful. Job changes can also affect custody schedules. Ultimately, courts only approve changes that genuinely help the child, not just what’s easier for the parents.
How to File for Custody Changes in Texas
Modifying a custody order involves a legal process, and courts do not grant changes lightly. Here are the key steps to request a custody modification.
File a Petition to Modify Custody Order
The parent wanting to change the custody order has to file a request with the same court that made the original decision. This paperwork explains what changes they’re asking for and why. If both parents agree on the changes, they can file a joint request to speed things up.
Provide Evidence of a Material Change
You don’t walk into court and ask for a custody change—you prove why it’s necessary. Texas law demands hard evidence. Medical records showing a decline in the child’s health? That’s evidence. School reports proving academic struggles or behavioral issues? Useful. Witness statements from teachers, therapists, or family? Even better. But if we’re dealing with something more serious, such as abuse or neglect, you need to have police reports or protective orders to prove it. If a parent is ignoring the custody agreement? Every ignored text, every missed visit, and every passive-aggressive email is another nail in their case. Courts don’t care about feelings. They care about facts.
Serve the Other Parent
The other parent must receive formal notice of the petition. They have the right to agree, contest, or propose alternative modifications. If they disagree, the case may proceed to mediation or trial.
Attend Mediation or Court Hearings
Many Texas courts require parents to attempt mediation before litigation. Mediation allows parents to discuss changes and reach an agreement outside of court, which is often less stressful and more cost-effective. If an agreement is reached, the court will review and approve it. If parents cannot agree, a judge will decide based on the child’s best interests.
Obtain a Court-Approved Custody Change
The new custody order becomes legally binding if the court approves the modification. Both parents must follow the updated terms or risk legal consequences, such as contempt of court charges.
Factors Courts Consider in Custody Modifications
Texas courts focus on what’s best for the child when deciding custody. Judges look at several factors, including the child’s preference if they’re at least 12, each parent’s stability and ability to provide a safe home, and the child’s emotional and physical needs. They also consider how well parents work together and whether there’s any history of abuse or neglect. A strong case with solid evidence improves the chances of getting court approval. If the judge decides that changing the custody order benefits the child, they’ll issue an updated arrangement.
Updating a Parenting Plan
Changing custody may require updating the parenting plan to cover visitation, responsibilities, and communication. Parenting plans should account for the following:
- Holiday and vacation schedules
- Transportation arrangements for visitation
- How major decisions (such as medical or educational choices) will be made
- Methods for resolving future disputes
Courts approve changes that keep things stable and support the child.
Get Legal Help for Custody Modifications
Changing a custody order can be complicated, but Higdon, Hardy & Zuflacht, L.L.P. is here to help. Our experienced attorneys can guide you through the process, from gathering evidence to filing the right documents and presenting a strong case. We’re committed to protecting your rights and your child’s best interests. Call (210) 349-9933 or visit our contact page to schedule a consultation and learn more about how we can help.