Modification of Possession and Access
In Texas family law, “modification of possession and access” refers to the legal process of changing existing court orders regarding child custody, visitation, and access arrangements. These modifications can apply to various situations such as visitation schedules, pick-up and drop-off arrangements, or changes in the custodial parent due to reasons like relocation, changes in the child’s needs, or changes in the parents’ circumstances.
Key Points:
- Standard Procedure: A person seeking to modify custody or visitation must typically file a petition with the court. This petition should outline the reasons for the requested changes and must demonstrate that the modification is in the best interest of the child.
- Requirements for Modification: In Texas, there are specific requirements that must be satisfied to successfully modify a possession and access order:
- Substantial Change in Circumstances: The individual requesting the modification usually must show that there has been a substantial change in circumstances since the original order.
- Best Interest of the Child: The modification must serve the best interest of the child, which is the primary consideration in Texas custody cases.
- Types of Changes: Modifications can involve various changes, such as:
- Altering visitation schedules (e.g., longer weekends, holiday arrangements)
- Changing the primary custodian (the parent with whom the child resides most of the time)
- Adjusting access rights (e.g., supervised visitation)
- Temporary Orders: In some cases, a parent may petition for temporary modification while waiting for a final decision. This can be especially prevalent in emergency situations where immediate changes are necessary for the child’s safety.
- Court Hearing: Typically, the court will hold a hearing where both parents can present evidence and arguments. The judge will then make a decision based on the evidence presented and the best interests of the child.
- Legal Representation: It is often advisable for individuals undergoing modifications to seek legal representation, as the process can be complex, and an attorney can provide guidance and advocacy throughout the proceedings.
If you are considering a modification of possession and access in Texas, or if you have specific concerns about your situation, it’s a good idea to consult with a family law attorney who can provide tailored advice based on your circumstances. Book your consultation today with the Denis Law Group.