Texas Child Custody Lawyers
Child Custody Modification LawyersThe experienced Child Custody Modification Lawyers at Nick Davis Law in Bryan | College Station help parents change the terms of their custody order to better suit the needs of their children.
Serving Brazos, Grimes, Waller, Washington, & Surrounding Counties
Child Custody Modification Lawyers in Bryan | College Station, Brenham, & Navasota, TX
At Nick Davis Law our Bryan | College Station Family Law Attorneys | Child Custody Modification Lawyers regularly meet with parents who want to know about their options for modifying the terms of possession and access or conservatorship contained in a previous Divorce or Child Custody Order.
In general, the Texas Family Code provides for grounds for modifying a Child Custody Order which are as follows:
- Agreement of the Parties
- Child’s Preference
- Voluntary Relinquishment
- Material & Substantial Change
The trusted Child Custody Modification Lawyers at Nick Davis Law in Bryan | College Station are dedicated family law advocates when trusted to be a client’s Divorce or Child Custody Lawyer. Our Child Custody Modification Lawyers are experienced litigators that will work to strategically prepare a Child Custody Modification matter for success.
Nick Davis Law offers all prospective Child Custody Modification clients a Free Case Evaluation by phone or virtual conference as well as payment plans. Contact our office at (979) 417-2220 if you are in need of a Child Custody Modificatoin Lawyer for a case in Brazos, Grimes, Waller, Walker, Washington & Surrounding Texas Counties.
Agreement of the Parties
Much like in a Suit to Modify Child Support, the parents can also agree to change the terms of conservatorship or possession and access with the child if the parties agree. It is critical to realize that parties are always free to mutually agree to deviate from their possession schedules provided they both agree, but in order to make these changes permanent, the court must actually sign an order modifying these terms. The court will almost always enter an Order Modifying the terms of custody if the parties are in agreement provided that the court also finds that the order is in the Best Interest of the Child.
Child’s Preference
The Court is allowed to modify the terms of Child Custody if a child that is at least 12 years old expresses to the court during an in chambers interview the name of the person who the child wants to live with. However, just because the child tells the judge the name of the parent they want to live with, the judge isn’t required to follow the child’s wishes. The court must also find that the preference of the child is in the best interest of the child.
A common way to defend against the child choosing the other parent to live with is to request a jury trial to take the decision out of the judge’s hands, or to attack the other parent as being irresponsible and too lenient on the child allowing them to do whatever they want.
Voluntary Relinquishment
This is not a common ground to see in a Child Custody Modification Suit because it requires that the parent with the exclusive right to designate the parent child relationship has relinquished primary care and possession of the child to the other parent for at least 6 months. Additionally, the court must also find that the Modification is in the best interest of the child. There is an exception to this rule which is, if the parent with the right to designate the primary residence is mobilized for military service, the other parent is not permitted to seek the modification on this ground.
Material & Substantial Change
Finally, the court can modify the Child Custody Order if the circumstances of the child, a conservator (normally a parent), or another party affected by the previous order have materially and substantially changed since the entry of the previous order. But, if the circumstances alleged to be the material change were known or existed at the time the court entered the order, the requested modification will most likely be denied by the court as it will be assumed that the previous order contemplated the changes and as such there is not surprise.
If you are seeking to modify or defend against the modification of a child custody order, the Family Law Attorneys | Child Custody Lawyers at Nick Davis Law can help you develop a strategy to maximize your chances for success. Contact our Brazos County Family Lawyers in Bryan | College Station, TX to schedule a Free Case Evaluation.
To Learn More about your ability to pursue a Modification of your Child Custody orders in Brazos, Grimes, Waller, Washington & Surrounding Counties contact our experienced Texas Child Custody Modification Lawyers in Bryan | College Station to develop a strategy for success.
Services
How We Help with Child Custody Modification Lawsuit
Conservatorship
If you are needing to modify the terms of conservatorship in your order from Joint Managing Conservator to Sole Managing Conservator or vice versa, The Child Custody Modification Lawyers at Nick Davis Law in Bryan | College Station will relentlessly fight to pursue the conservatorship you feel is best for your children. Contact us for a Free Case Evaluation.
Rights & Duties
Are you having difficulty working with the other parent in making education, residential, medical, or other decisions for the children? Or are you not being consulted before the other parent makes certain decisions. Our Child Custody Modification Lawyers can help to change the Rights & Duties of your order to give you the control and authority you think is best for your children. Our Child Custody Modification Lawyers will develop a plan for success. Schedule a Free Consultation and ask about payment plans.
Possession Schedules
Are you wanting more time with your children? Or do you believe that it is harmful for the child to continue the current possession schedule with the other parent. Regardless of the changes you wish to make to your possession and access schedule with the children, The Child Custody Modification Lawyers at Nick Davis Law can help. Schedule a Free Case Evaluation to learn how we can help in your Child Custody Modification suit in Brazos, Grimes, Waller, Washington, and surrounding counties.
Reviews
What Clients Say
At all times, we put our client’s interests first. The Child Custody Modification Lawyers at Nick Davis Law in Bryan | College Station are proud of their reputation and record for helping Texas Parents obtain primary custody or extended possession and access schedules to their children. We are ready to help you succeed as well. Contact us for a free case evaluation to learn what we can do for your case.
Highly recommend - Jerri Y
Highly recommend - Jerri Y
An Excellent Attorney - Michael
An Excellent Attorney - Michael
Honest, Trustworthy Attorney - Veronica
Honest, Trustworthy Attorney - Veronica
Super Lawyer, Best of the Best - Joe C
Super Lawyer, Best of the Best - Joe C
Client focused attorney
FAQ
Frequently Asked Questions
Benefits of Settling the Original Case & Filing a Modification
Generally, parents will have the best chance at getting a favorable child custody order in the original proceeding, such as a Divorce or the Original Suit Affecting the Parent-Child Relationship. But, a reason to “play the long game” and seek a favorable child custody arraignment in a Modification Suit is that all the bad facts that existed prior to the most recent order cannot (or at least are limited) from being used against you. For instance, if a parent had been arrested for DWI, had a substance abuse problem, or engaged in other bad actions, these facts are not permitted to be used against that parent in a subsequent case because the law for the most part views these facts as “irrelevant.”
There are times that the Bryan | College Station Child Custody Lawyers at Nick Davis Law have counseled clients having bad facts to settle their case and wait to file a modification in order to limit the other parent’s ability to use those facts against the client. This can sometimes mean the difference in being appointed as a Joint Managing Conservator of the child having the standard possession schedule versus having a restricted form of possession while the other parent has Sole Managing Conservatorship, which can be difficult to modify later on because the judge will realize that something bad had to happen in the previous case for one parent to be named the Sole Managing Conservator.
If you are interested in strengthening your Child Custody case, contact the experienced Family Law | Child Custody Lawyers at Nick Davis Law serving Bryan | College Station, Brazos County, TX and surrounding counties.
What Changes to the Child’s Home Environment are Material and Substantial?
Changes in the child’s home environment tends to be the most common “Material and Substantial Change” allegation made in a Suit to Modify the Parent-Child Relationship. Not all changes are material and substantial of course, but when even small changes are combined with other factors, the request to modify the child custody order will become more persuasive to a judge. Typical changes to the Home Environment of the child that courts may find are material are:
- Remarriage of a Parent. When this happens, any bad factual allegations that could be raised against a new stepparent will be scrutinized.
- Frequent Moves
- New Siblings – courts will take into consideration a parent’s ability to feasible care for all their children. Sometimes when a parent has another child that requires a significant amount of their time it can detract from other children which could give rise for a modification suit.
- Alternative Lifestyle – while in most cases a parent’s sexual preferences and activities are not considered relevant by the court but when they impact the child they become fair game for the court to consider. For instance, if a parent is having frequent boyfriends or girlfriends and the child is meeting numerous individuals coming in and out of their life, the argument can be made that the parent’s choice to have relationships with numerous individuals is confusing to the child and creating emotional instability.
If you believe your child is experiencing substantial changes in their home environment that require change, the Bryan | College Station Child Custody Lawyers at Nick Davis Law can help.
We Can Help
Payment Plans & Free Consult
Contact our office to schedule a Free Case Evaluation with an experienced Child Custody Modification Lawyers in Bryan | College Station, TX Brazos County. We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.
Our Child Custody Modification Lawyers serving Brazos, Grimes, Waller, Washington & Surrounding Counties also understand that litigation can be expensive. You shouldn’t have to compromise the quality of legal representation when it comes to your children. We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times. Contact us to learn more.
Schedule A Consult
6750 Victoria Avenue, Suite 6
College Station, TX 77845
(979) 417-2220
Bryan | College Station Office
Nick Davis Law
6750 Victoria Avenue, Suite 6
College Station, TX 77845
(979) 417-2220
Business Hours
Mon - Fri 8:00 am to 6:00 pm
Payment Plans
We offer payment plans on all cases.
Our Mission
The Trusted Family, Divorce, CPS, Immigration, and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively. The Family | Divorce | Immigration | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.
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