When should I consider modification of custody and visitation?
Corsicana, TX family law attorney, Sarah Clower Keathley talks about when you should consider modification of custody and visitation to an original divorce decree.
Phone: (903) 872-4244
The first step that we have to look at is when the divorce decree was granted. With some very specific exceptions, you have wait one year from the date the decree or prior order was rendered, until you can modify it. Then when it comes time to modify that, for conservatorship or access to the children – number one, we have to consider what is in the children’s best interest, and we have to focus the entire case around, or look at it the lens of the children.
We look if there’s been any substantial changes or significant changes that’ve happened in the lives of the children or either parent that would warrant a change in possession or conservatorship. And so we start from the date of divorce, calculate at least one year from that one year forward, then we look through the eyes of the child, what has been in that child’s best interest. And if a change is warranted then I am successful when I can show how the child will benefit as a result of whatever modification we’re seeking.