As children grow, their needs and circumstances often change. These changed needs sometimes require modifications to existing parenting time arrangements. Texas family courts recognize that what worked for a younger child may not always meet their best interests as they mature. Whether it involves adjustments for educational needs, health considerations, or changing family dynamics, modifying parenting time in a prior Order ensures a child’s evolving needs remain the priority. As custody modification attorneys in Dallas, we help families seek legal adjustments when existing Orders no longer serve the child’s best interests.
Under Texas law, a court-ordered modification must meet certain legal standards. Texas Family Code Section 156.101 explains the circumstances in which parenting time order may be modified. Understanding these standards helps parents determine when a modification is appropriate and how to approach the legal process.
When Can Parenting Time Be Modified In Texas?
Parenting time modifications are not granted without valid reasons. Texas courts require substantial evidence demonstrating a need for change based on specific legal grounds. Common reasons a court may approve a modification include:
- The Child’s Changing Educational Needs
- Health And Medical Considerations
- Relocation Of A Parent
- The Child’s Preferences
- Parental (Mis)Behavior
Texas Family Code § 156.101 requires the parent seeking modification to demonstrate that a “material and substantial change” in circumstances has occurred since the underlying Order was issued.
Filing A Petition To Modify Parenting Time In Texas
To seek a modification of parenting time, a parent must file a petition with the court that originally issued the custody Order. The process involves:
- Filing The Petition: A formal written request must be submitted outlining the general reasons for the requested modification(s).
- Serving The Other Parent: The other parent must be formally notified (served) and given an opportunity to respond.
- Hearing Or Mediation: Courts often encourage mediation to resolve disputes before a formal hearing. If mediation fails, the matter proceeds to a court hearing, often called a ‘final hearing’ or ‘trial.’.
- Demonstrating A Change In Circumstances: The parent seeking modification must present evidence of a significant change in either the child’s or a parent’s circumstances that tie into the sought modifications.
If both parents agree on the modified Order, the court may approve the changes without a formal hearing. However, contested cases can often require extensive evidence and testimony.
Proving The Child’s Best Interests In Texas Custody Cases
Texas courts prioritize the child’s best interests when determining whether to modify parenting time. Under Texas Family Code § 153.002, several factors influence this decision, including:
- The child’s emotional and physical needs.
- The stability of each parent’s home environment.
- Each parent’s ability to provide for the child’s basic needs.
- The child’s relationship with each parent.
- Evidence of parental misconduct or endangerment of the child.
Demonstrating that the modification will benefit the child’s overall well-being and best interest is crucial to securing a favorable outcome.
Texas Custody Modification FAQs
Can My Child’s Preference Impact Parenting Time Modifications?
Yes, Texas Family Code section 153.009 allows a child aged 12 or older to express a preference regarding where they want to live. However, the child’s best interests remain the primary consideration. Contrary to the common understanding, twelve-year-olds do not get to decide with which parent they will reside.
How Long Does It Take To Modify Parenting Time In Texas?
The timeline for modifying parenting time varies depending on the complexity of the case and whether both parents agree on the changes. Uncontested modifications may be finalized within a few weeks, while contested cases involving court hearings can take several months—or longer. If mediation is required by a Court, it may also affect the timeline.
Can I Modify Parenting Time Without The Other Parent’s Agreement?
Yes, a parenting time modification can be pursued even without the other parent’s consent. However, the requesting parent must file a petition and present evidence that a substantial change in circumstances justifies the modification. The court would then decide whether to grant the sought relief based on the child’s best interests.
Contact Our Dallas Custody Modification Attorneys To Schedule A Consultation
At Orsinger, Nelson, Downing & Anderson, we help families protect their rights when life changes impact parenting time arrangements. Our custody modification attorneys understand Texas family law and work to secure fair parenting plans that meet your child’s evolving needs.
If you need help modifying parenting time in Dallas, Frisco, or San Antonio, contact Orsinger, Nelson, Downing & Anderson today. To learn more about how mediation can help, contact our Dallas custody modification attorneys at Orsinger, Nelson, Downing & Anderson, LLP at (214) 273-2400 to schedule a consultation.