How to Modify Child Custody Orders in Texas
- 1). Prepare the petition. Child custody decisions in Texas can only be changed under specific circumstances. The Texas Family Code (§156.101) requires that the circumstances involving a party of the custody agreement have materially and substantially changed before a modification can be asked for. If these circumstances affect the best interest of the child, the court can order a change to the original child custody order.
- 2). File the petition. Texas courts generally maintain jurisdiction over child custody cases. Unless you or your spouse has moved or otherwise had a change in circumstances that would justify having another court hear the case, you will have to file the petition in the same county courthouse where the custody case was originally heard.
- 3). Serve the petition. Whenever you ask for a new hearing or file a custody issue, you will have to ensure the other party receives notice. You can usually do this by sending a certified copy of the petition via registered mail. However, you should check with the county clerk's office to ensure you know how to serve the papers.
- 4). Pay the filing fee. Each county courthouse has its own filing fees for any civil action. Contact the court clerk before you go to the courthouse so you know how much it costs to file the action. If you can't afford it, you can ask for a financial hardship waiver, but this too must be approved by the court and submitted to the clerk.
- 5). Attend the hearing. Once the petition is filed, the court will schedule a hearing to determine the merits of the matter. Even if you and your ex-spouse come to an agreement before the hearing and are just there to get the court to make the agreement official, you need to attend the hearing. The court is under no duty to change a child custody agreement and may require evidence to be heard before making any decision.
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