Newly divorced parents often have questions about their child custody order, also known in Texas as conservatorship. If you are undergoing a notable change in your employment or life, you may be able to request a change of your custody order.

To help gain more insight into this topic, here are three things you should know before filing for a change of custody order:

When can I update my child custody order?

Under Texas’ divorce laws, there are three legal standards that can warrant a change of a child custody order. The first reason is if either parent or their child encounters a significant change of circumstance. This decision is determined by the courts on an individual case basis.

The second reason is if the child is at least 12 years old and has expressed a change in their primary parent preference. In this case, a judge will interview the child to learn more about their concern. The court may grant the request if the change is in the child’s best interest.

The third reason is if the parent who has had primary custody of their child for at least six months, voluntarily gives up their right to custody. It is important to note that termination of parental rights is a serious concern and will require a deep evaluation from the court.

I was divorced less than a year ago. Can I ask for a change in custody?

Divorced couples need to wait for at least a year before they can request a change of child custody order. This time period is enforced to help provide stability for the child.

However, there are certain circumstances that can cause an earlier change of custody order, such as when the child’s current living situation does not align with their best interests, endangering their physical and emotional health. This can arise in cases of domestic or family violence.

How is the one-year waiting period calculated?

There are two different ways to calculate the one-year waiting period. First, if your custody order is based on a judge’s decision, you may use the date from when the judge granted custody. Second, if your custody order is based on a collaborative law settlement agreement, you may use the date from when you and your ex-spouse signed the document.

Your child will always be a top priority

By learning about the process and the legal requirements involved, you can modify your child custody order while avoiding major roadblocks in the process. With this proactive step, you and your child can adapt better as you both move forward with your new lives as a family.