Dallas Child Custody Modification Lawyer
Custody Modification Attorney in Dallas, TX
Child custody arrangements are not a once-and-done type of agreement for many parents. As life changes and your kids grow, it may become necessary to modify a previous child custody agreement. A skilled Dallas child custody modification lawyer can help you petition the Court to establish a new arrangement regardless of the needed modifications. Your family can be free to explore the Dallas Zoo or Klyde Warren Park while your attorney handles your case.
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Hire a Child Custody Modification Lawyer in Dallas, TX
There are lots of reasons why you may need to modify your already established child custody arrangement. With over a decade of experience in child custody cases, Cruz Arevalo, P.C., is well-versed in child custody laws. Our team has represented Dallas clients at the George Allen Courts Building through all manner of child custody issues. We’re ready to represent you and the best interests of your child through negotiations, mediation, and litigation. A skilled Dallas family lawyer from our firm can also help you address other family law issues that may arise during the modification process.
Divorce in Dallas County
The U.S. Census Bureau releases information about the population yearly. Looking at families and households in 2023 in Dallas County, the information shows:
- 993,312 total households
- 19% female-led households
- 8% male-led households
- 2,606,358 total population
- 25% of the population is 18 or younger
- 12% of the female population (15 and over) is divorced
- 8% of the male population (15 and over) is divorced
Grounds for Child Custody Modification
A child custody agreement can only be modified by a judge if there are grounds to justify the modification and it is in the best interests of the child. Modification of a child custody agreement is allowed under Texas Family Code § 156.101. Specifically, a child custody agreement can be modified when:
- Change in living situation
- Change in employment
- Moving to a new city or state
- Getting remarried or having other children
- Death of the custodial parent or close relative
- Changing needs of the child
- Violating the current custody agreement
- Abuse, neglect, or domestic violence. In these situations, a Dallas domestic violence protective and restraining order lawyer can also help you seek protection for you and your child.
- The child, when over 12 years of age, asks to live with the noncustodial parent
- Voluntarily relinquishes custody
- Problems with substance abuse, criminal behaviors, or mental health
Proving a Child Custody Modification Is Necessary
For the Court to approve a child custody modification case, you must present evidence demonstrating the grounds for the request. A Dallas child custody modification attorney can help prepare evidence and demonstrate why the modifications would benefit the child. Evidence needed may include:
- Communications between the parents or other family members. These can include text messages, emails, or voicemails demonstrating how one parent interacts with the other or with the child.
- Financial records demonstrating a change in income or changes in work schedules. When your requested changes also affect support, a skilled Dallas child support lawyer can help make sure custody and support orders work together.
- Personal accounts of events that violate the current custody order or demonstrate unsavory behavior. Including as many factual details as possible, including dates and times for each event.
- Police reports or Child Protective Services communications regarding the child.
- Medical reports should be obtained if the child has been harmed or if abuse is suspected.
- Documentation demonstrating how the child is being affected. Evidence may include report cards, school letters, testimonials from teachers, coaches, or counselors, and eyewitness accounts from friends or family.
- Video and photo evidence can demonstrate how the child lives and interacts with family members.
- Expert testimony from professional counselors or therapists can provide insights into the child’s emotional health.
FAQs
Do I Need a Family Law Attorney to Modify a Custody Agreement in Texas?
You don’t need a family law attorney to modify a custody agreement in Texas, but there are some benefits to having an attorney. A child custody modification attorney can advise you on your legal rights. An agreement that seems fair may not be in the best interests of the child. A knowledgeable attorney also has experience with child custody modification laws and the inner workings of the court system.
How to Win a Custody Modification Case in Texas?
If you want to win a custody modification case in Texas, you must prove to the Court that there are legal grounds for a modification order. Having a strong case means gathering relevant evidence that supports the need for a modification. Your evidence should be well-organized and easy to present to a judge. Overall, presenting the facts, avoiding being overly emotional, and having strong evidence increase your odds of winning in Court.
How Much Does a Lawyer Charge to Modify Child Custody in Texas?
Several factors can influence the overall cost to hire a lawyer to modify a child custody agreement in Texas. A child custody modification attorney may charge a flat fee or an hourly rate for their services. If the modifications are contested, the case may take longer than an uncontested modification. If there are unusual circumstances or the case is particularly complex, the overall cost may increase.
How Often Can You Modify a Child Custody Agreement in Texas?
You can only request modifications to a child custody agreement in Texas 12 months after the previous agreement was established. The three exceptions to this rule are that the custodial parent requests the change, the current living situation poses a physical or emotional threat to the child, or the custodial parent has allowed a third party to primarily care for the child for at least six months, unless the custodial parent is actively serving in the military.
Under What Circumstances Can the Court Declare a Parent Unfit in Texas?
There are several circumstances where the Court may declare a parent unfit and terminate their parental rights. Suppose the parent has a history of neglect, child abuse, or domestic violence, or if there is a history of drug or alcohol abuse. When a parent repeatedly demonstrates that they do not act in the best interests of the child. A history of poor mental or physical health that prevents the parent from caring for the child. If a parent is incarcerated.
Dallas, TX Child Custody Modification Lawyer
As a Best Lawyers 2023 Best Law Firm, we pride ourselves on offering our clients peace of mind during scary times. Our boutique legal firm is led by women who provide compassionate counsel and strategic advocacy. When you hire a child custody modification lawyer from Cruz Arevalo, P.C., you’re treated like family. Contact us today to schedule your initial consultation.
