As a parent, it’s completely normal for you to want the best for your child, which likely involves spending the majority of you time living with them. There’s a fine line, though, between a justifiable reason to request a custody modification and an emotionally-charged, potentially frivolous one.
If you suspect that your child’s life may be in some type of immediate danger when in the custody of his or her other parent, then a judge may consider it in the best interest of the child to remove them from that home. Any parent who has been accused or convicted of domestic violence risks being deprived of visitation of their child and losing the ability to have them stay in their home.
A parent who originally agreed to the court-ordered visitation schedule who later stopped complying with it may have their rights significantly modified as well.
If a parent is looking to relocate out of town, then it’s possible for the other parent to ask a judge to intervene, disallowing the move or and awarding custody in their favor instead. At a hearing surrounding relocation issues, it’s likely that a judge will ask the moving parent to provide a justification for why they’re wanting to relocate.
They’ll likely ask them to propose how they’re going to facilitate visitation with the other parent. In rendering a decision, the goal of the judge will be to ensure that the move won’t adversely impact the child.
Child custody modifications may also be necessary in cases in which the custodial parent passes away. In that situation, the non-custodial parent and other third parties may have to demonstrate who’s best suited to raise the child.
In cases such as this, the judge may base their decision on the location and living arrangements of the non-custodial parent. He or she may also look at whether their job will allow them enough time with their child and cover living expenses for both as well. A judge may even be willing to allow the child to express their wishes to live with a third party also.
Whether you’re seeking to gain custody of your child or you’re looking to contest a modification of a custody order, a Houston divorce attorney can provide guidance in your legal matter.
Source: The Spruce, “5 Reasons to request child custody modification,” Debrina Washington, accessed Nov. 17, 2017