What could prompt a major change in custody and visitation rights?

On Behalf of | Feb 23, 2021 | Child Custody

Many parents rejoice when they finally agree to a parenting plan, and a Texas family law judge signs off on it. They often think that they can finally get acclimated to their new normal once this happens.

Things can take a turn for the worse real fast, though. What may have seemed to work on paper may not work in practice. Circumstances may change, and you could find yourself asking the court to deprive your ex-spouse of their custody rights or limit their visitation.

What could provoke this kind of custody action?

It’s not uncommon for people to resort to consuming drugs or alcohol as a way of self-medicating when they’re having difficulty coping with reality, such as the demise of their marriage or missing their child. A family law judge must do what they believe is in your child’s best interest. They’re unlikely to leave a son or daughter in a parent’s custody if they think that they have a substance abuse problem that may inhibit their ability to make sound decisions about their education, health and overall child-rearing. 

Another situation that could lead to this kind of request is domestic violence in your co-parent’s household. Even if your co-parent isn’t abusive, they may have a new partner who is — and that could threaten your child’s physical safety and emotional well-being.

Family law judges may also be quick to remove a parent’s custodial rights if they have a history of making false child abuse allegations on behalf of their son or daughter. The same course of action may occur if they engage in documented parental alienation as well. 

What steps should you take if you believe a major change in custody is needed?

Wanting to have full custody of your children and proving why a judge should award it to you are two different matters. A divorce issues attorney can advise you whether you meet the necessary Texas requirements to request a custody modification in your San Marcos case.