Texas family courts deal with child custody orders and modifications all of the time. Traditionally, after a divorce is underway, a child custody order will be instituted to determine which parent has custodial custody of the children and which parent has visitation rights, if any. Unfortunately, child custody orders may not be satisfactory for everybody that is involved.
Seeking a modification to the order
Child custody orders can be modified by the child custody court as long as there is reasonable evidence to do so. Not just anybody can initiate a modification to a child custody order. Rather, a person must have the legal standing to do so. Those who have a standing in Texas include any parent of the child, anyone who has had actual possession of a child for at least six months within 90 days of filing the modification request, anyone who has lived with a child for at least six months within 90 days of filing the modification request, a foster parent of a child who was placed with the Department of Family and Protective Services, and a child’s immediate family assuming both parents are deceased.
Will a modification occur?
A child custody judge is there to help look after the best interest of a child. If a child was placed in your custody due to the original child custody order, the judge determined that you were a fit parent. Anyone with standing who has requested a modification to the existing child custody order will need to prove that you’re an unfit parent. This person has the burden of proof on his or her shoulders, and modifications can only happen if this individual can successfully prove his or her case.
Child custody battles can be a very emotionally trying experience for everyone involved. After an initial child custody order is established, the process may not be over just yet. Anyone who has a legal standing defined by the Texas Court may apply to have a modification to the custody order.