Modification of Child Custody and Visitation Attorney in Houston, Texas
When can parenting time be modified in Texas?
When can parenting time be modified in Texas?
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In Texas parents have a couple options to modify their possession and access agreements or just possession and access order. The number one way that you can do that is certainly by agreement. If you and your ex agree to modify a possession and access schedule to either give you more time, hopefully, more time, then you can always do that by agreement.
Another way and this kind of broad term that we look for in the family law community is a material and substantial change in circumstances. And what that looks like is something that has fundamentally changed for that either a parent or for the child that results in you being entitled to modify the possession and access schedule. A lot of times this can be a move, it can be a new child, there’s a lot of different things that meet that definition and I would highly advise anybody to go and meet with an attorney and talk through those changes when they’re determining whether or not its proper to modify their possession agreement.
The other time when you might be able to modify the agreement is when your child turns 12. When a child is 12, they get to a magic number where they’re permitted to talk to the court in chambers. And sometimes the court will take that child’s impression and take that into consideration in making a possession modification. But obviously, that’s going to depend on the maturity of the child and whether the parent feels that it’s necessary for the child to meet with the court.
Houston, TX family law attorney Katelynn Duane Armijo explains when and how parenting time can be modified in Texas. She remarks that in Texas, parents have a few options to modify their possession and access agreements or orders. The most straightforward way is through mutual agreement. If both parents agree to change the schedule—ideally to allow one parent more time with the child—they can formalize that modification by agreement.
Another common basis for modification is what family law refers to as a material and substantial change in circumstances. This means that something significant has changed for either a parent or the child, creating grounds to adjust the existing possession and access schedule. Such changes could include a relocation, the birth of another child, or other major life developments. She strongly encourages parents to consult with an attorney to discuss any such changes and determine whether a modification is appropriate.
She also notes that a modification may be possible when a child turns 12. At that age, the child reaches a “magic number” that allows them to speak privately with the judge in chambers. The court may consider the child’s preferences when deciding whether to modify the possession schedule, although the decision will depend on the child’s maturity and whether it’s appropriate for them to meet with the court.
