Child custody agreements are not to be modified frequently because courts want to provide continuity and routine to a child. In fact, courts generally will not review or modify custody agreements within two years of their creation. However, when something happens that necessitates a change in custody, the court may reconsider the existing agreement.
In order for the court to make a modification or change to a custody agreement, there must be a material change in circumstance, which is a significant shift from the way things were when the court granted custody. It must be some alteration to the factors that the court considers when making a determination as to what is in the best interests of the child.
There are a number of examples of changes or modifications that can constitute a material change in circumstance. For example, a parent wanting to move a child out of state, thereby limiting the child’s access to the other parent and any local extended family, can constitute a material change in circumstance. A change in the living environment of either parent or a problem that affects the custodial parent’s ability to care for the child, such as development of an addiction or illness, may constitute a material change in circumstance.
If you believe a material change in circumstance should change your child custody agreement, contact a Dallas child custody attorney for help. Your Dallas child custody attorney can assist in determining whether the change is a material change in circumstance and can help you to petition the court and prove that the change should result in a modification of the existing custody agreement.
To learn more about how a Dallas child custody attorney can assist you in a child custody dispute, contact Warren & Migliaccio, L.L.P. today at 1-888-584-9614. Warren & Migliaccio, L.L.P offers quality legal services and counseling to clients in the North Dallas area. Warren & Migliaccio, L.L.P. practices law in Dallas, Collin, Rockwall, and Hunt Counties.