The Texas family courts try to do their best to create parenting plans and custody solutions that prioritize what the children need and take into consideration the unique needs of the family. Despite their best efforts, family situations can change over time, making the solutions they created obsolete. Other time, the terms set in the initials divorce decree simply don’t work for your family situation.
Regardless of whether things have changed or you and your ex agree that the terms simply aren’t workable for your family, you can potentially reach an agreement to modify the custody terms set by the court, possibly allowing for a more equal split of parenting time or terms that better suit your family’s needs.
To formalize or not to formalize
When you reach an informal agreement with your ex, particularly after the courts failed to set terms that work for your family, you might feel loath to go back to the Texas family courts and ask for their acknowledgment of the change.
However, if you don’t actually seek a formal modification, you could wind up in a difficult position. For example, if you informally agree to change custody and child support amount, the courts could still attempt to enforce the standing child support order, particularly if your ex request that they do or if your children require state benefits.
Provided that you and your ex agree on the terms, you can request a relatively quick and simple uncontested modification. That way, the official parenting plan reflects your current situation, allowing you the protection you need from unnecessary enforcement.