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Modifying Your Child Custody Order

Going through a divorce is often a traumatic and difficult time of life. When children are involved, it can be especially hard to come to terms over custody issues. It is important to note that with the passage of time after a divorce, circumstances often change necessitating modifications to a child custody order. While this is not a matter that is easily accomplished, it can be done.

Should you be interested in modifying your custody order, it is important to do so following a formal legal process rather than just making a verbal agreement with your former spouse. A skilled child custody attorney can assess your situation and advise you on how to go about seeking a legally enforceable modification of your child custody agreement. Informal verbal agreements can be voided at any time and do not have the force of the law behind them. Further, should a disagreement ensue in the future, your former spouse can point out to the court that you did not conform to the court approved agreement.

When seeking an enforceable modification of a custody order in Texas, the courts may allow a modification that is in the best interests of the child in the following situations:

  • There has been a material and substantial change in circumstances. This means that a change is called for due to a major change such as the serious illness of a parent, an inability of a parent to work, or a remarriage.
  • Where a child is 12 years of age or more and the child desires to change custody from one parent to the other.
  • Where the custodial parent has relinquished custody to another party
  • If the parents agree

Contact a Houston child custody attorney to find out if you are eligible to modify your agreement.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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