I have been divorced for several years now. The old court order for when my ex has time with my child is no longer workable. Can I ask the court to change it?
Yes, under certain conditions. What you want is generally called a "modification". The Family Code establishes the grounds for modification of custody and visitation orders. The court can change and order if:
1) the change would be "in the best interest of the child", AND
2) the circumstance of the child, you or your ex have "materially and substantially changed since the earlier of:
(a) the date the order was signed (rendered);
(b) the date the mediated agreement was signed.
Another circumstance which would allow a modification is if your child is at least 12 years old and has filed in court, in writing the name of the person they want to live primarily with.
Yet another circumstance is if the person who in the old order had the exclusive right to designate the primary residence of the child, gives up that right for at least 6 months.
Attorney Sean Y. Palmer has over 20 years of legal experience as a Texas Attorney and over 25 years as a Qualified Mediator in civil, family and CPS cases. Palmer practices exclusively in the area Family Law and handles Divorce, Child Custody, Child Support, Adoptions, and other Family Law Litigation cases. He represents clients throughout the greater Houston Galveston area, including: Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Harris County, and Galveston County, Texas.
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