W. Tyler Moore, PC

Modifying a standard possession order in Texas

Parents in Texas who are no longer in a relationship with one another will want to see that, despite their differences, they are both able to provide their child with a supportive and stable environment in which to grow. Therefore, the parents will either work out a standard possession (child custody) order out-of-court or one will be decided upon by a judge that meets the child's needs and allows each parent to have a meaningful relationship with their child.

Of course, life always presents some twists and turns. Sometimes a standard possession order that had been working for years is no longer tenable. When that happens, a parent may want to pursue a modification of the order. However, there are certain elements that must be met to modify a standard possession order. These modifications will be considered on a case-by-case basis.

There are three circumstances in which a standard possession order may be modified, as long as it is in the child's best interests. One is if there has been a material and substantial change in either the parent's circumstances or the child's circumstances. Another is if the current order is no longer workable or, due to existing circumstances, is no longer appropriate. Finally, a standard possession order may be modified if one parent relocated with the child without notifying the other parent 60 days in advance.

No one can predict the future. Moreover, a child's needs will change as they grow. Sometimes as time goes by, an original standard possession order is no longer meeting the needs of the child. While the information in this post cannot serve as the basis for any legal filing, attorneys are available to assist parents who want to seek a modification of an existing standard possession order.

Source: FindLaw, "Texas Child Support and Custody Modification," accessed March 5, 2018

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