Parenting time, also known as possession and access in Texas family law, is a critical part of any child custody agreement. When a divorce or custody case is finalized, the court establishes a parenting plan that outlines when each parent will have their child physically with them. However, circumstances often change after those Orders are entered, and parents may find that the current schedule no longer meets their child’s best interests.
Texas law allows for modifications to ordered parenting time under certain conditions. The court must generally approve these changes, and the requesting parent must provide a compelling reason for the modification. Under Texas Family Code § 156.101, a parent seeking a modification must demonstrate that the change is in the child’s best interest, and also that the requested modifications are necessary due to a material and substantial change in circumstances of the child or a party; that the child is at least 12 years old and has expressed a preference to the court; or that the current arrangement would endanger the child’s physical or emotional development.
Valid Reasons For Modifying Parenting Time
Significant Changes In A Parent’s Circumstances
Texas courts consider modifications when one parent experiences a major life change that impacts their ability to follow the current schedule. This could include:
- Job relocation that affects the ability to exchange custody as scheduled;
- Changes in work hours that interfere with designated parenting time;
- Serious health issues affecting the parent’s ability to care for the child;
- Changes in a parent’s mental condition that would endanger the child.
The Child’s Best Interests
The court always prioritizes the child’s well-being when determining parenting time modifications. If there is evidence that a change will benefit the child’s education, health, or emotional stability, the court may approve the request.
Parental Misconduct Or Unsafe Conditions
If a parent is engaging in behavior that endangers the child, such as substance abuse, neglect, or criminal activity, a modification may be necessary to protect the child. The court will review any available and provided evidence of these behaviors before making a determination.
Agreement Between Parents
In some cases, both parents may agree to modify parenting time to better accommodate their schedules or the child’s needs. Even when both parties agree, however, the court must formally approve the modification before it becomes legally binding on both parties.
The Process Of Requesting A Parenting Time Modification
Filing A Petition With The Court
The parent requesting a modification must file a Petition to Modify the Parent-Child Relationship in the same court that issued the original custody order.
Serving The Other Parent
The other parent must be notified of the request and given the opportunity to respond. If both parents agree, the process is usually quicker and more efficient. If the request is contested, the case may require mediation, hearings, or a trial.
Proving A Material And Substantial Change
The requesting parent must provide evidence that circumstances have changed since the last order was issued. Courts typically consider, among other items:
- Changes in the child’s needs;
- Changes in a parent’s financial or living situation;
- Safety concerns regarding one parent’s home environment; and
- Evidence of how the changed circumstances tie into the requested modifications to the parenting plan, and how those modifications are in the child’s best interest.
Court Hearing And Final Decision
If the modification is contested, the court may hold a hearing where both parents present their case. The judge will make a decision based on what is in the child’s best interests.
Texas Parenting Plan FAQs
How Often Can Parenting Time Be Modified In Texas?
There is no set limit on how often a parent can request a modification, but courts generally discourage frequent changes unless there are valid reasons each time. Sanctions can be awarded against a party for filing to modify frivolously or in an attempt to harass the responding party.
Do I Need An Attorney To Modify Parenting Time?
While not required, having an attorney increases the chances of success, especially in contested cases. An attorney ensures proper legal arguments and compliance with Texas law.
What Happens If The Other Parent Refuses To Follow The Modified Schedule?
If a parent refuses to comply with a court-ordered parenting plan, they may face legal consequences, including contempt of court charges or a modification in custody arrangements.
How Long Does It Take To Modify Parenting Time?
Uncontested modifications can be approved quickly, while contested cases may take several months (or longer), especially if a hearing is required.
What If My Ex-Spouse Is Making False Claims To Modify Parenting Time?
If one parent makes false allegations, take solace that the court will require evidence before granting a modification. A skilled attorney can help defend against baseless claims and seek sanctions against a party filing in such a manner.
Contact Our Dallas Parenting Plan Lawyers For Your Consultation
If your current custody arrangement is no longer working, modifying your Order that dictates your parenting time may be necessary. At Orsinger, Nelson, Downing & Anderson, we help parents navigate Texas family law to protect their parental rights and their child’s best interests.
Contact our Dallas parenting plan attorneys by calling (214) 273-2400 to schedule a consultation. We represent clients from our offices in Dallas, Frisco, and San Antonio.