Full question:
I need example of Motion to Modify Child Custody I need writen example
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Texas
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
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Please see the following TX statute:
§ 156.101 FAM. Grounds for Modification of Order Establishing
Conservatorship or Possession and Access
The court may modify an order that provides for the appointment of a
conservator of a child, that provides the terms and conditions of
conservatorship, or that provides for the possession of or access to a
child if modification would be in the best interest of the child and:
(1) the circumstances of the child, a conservator, or other party
affected by the order have materially and substantially changed since the
earlier of:
(A) the date of the rendition of the order; or
(B) the date of the signing of a mediated or collaborative law
settlement agreement on which the order is based;
(2) the child is at least 12 years of age and has filed with the
court, in writing, the name of the person who is the child's preference
to have the exclusive right to designate the primary residence of the
child; or
(3) the conservator who has the exclusive right to designate the
primary residence of the child has voluntarily relinquished the primary
care and possession of the child to another person for at least six
months.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
