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Austin, TX family law attorney Daniela Ibarra talks about modifying custody in Texas. She notes that custody can be modified in Texas if there has been a substantial and material change in circumstances. That standard must be met before a modification can even be considered. When speaking with a client, she listens carefully to the facts of their situation and advises whether she believes the standard can be met.
A substantial and material change could take many forms. For example, one parent might accept a job out of state and seek to modify the custody arrangement to accommodate a move. Another example could involve a parent being arrested for a crime, particularly one involving violence. Additionally, if one parent believes the children are in danger with the other parent, that could also qualify as a substantial and material change warranting a modification.
