For every four children born in the USA, one lives without an adoptive, step, or biological father. 47% of children living without a father live in poverty.
Are you a Father who is interested in increasing your time with your children? Have you been denied access to your children? Are you ready to get help? Find out best attorney for fathers’ rights to help you to gain custody of your children. Read to learn when fathers can modify or change child custody in Texas.
In Texas, a parent can relinquish custody of their child by voluntarily giving up the rights and responsibilities of being a parent by signing a document in court. If the custodial parent wants to regain custody of the child, they must petition for court order modification.
Custody relinquishment is a term that refers to the process by which a parent is no longer responsible for their child’s care. The relinquishment can be voluntary or involuntary.
Involuntary relinquishment happens when a court orders that one parent cannot keep custody of their child. It can happen if the other parent petitions for custody or if there is abuse or neglect. Still, it is often more challenging to achieve because the courts must first find evidence of abuse or neglect before they will order an involuntary relinquishment.
Voluntary relinquishment occurs when one parent feels they cannot continue caring for their child due to health problems or disabilities; financial reasons (such as unemployment); substance abuse problems; mental illness; etc.
In Texas, a child can request a chance to live with the other parent if they are 12 years. This request must be made in writing and filed with the court. The court will consider whether it’s in the child’s best interest to move to live with the other parent. If so, the court will modify your order and allow this change.
Substantial Change In Circumstances
It means one parent’s ability to care for the children has changed because of a job loss, remarried, criminal acts, change of residency, or the death of a family member.
If you want to modify your order, you must file with the court that issued your divorce decree. You can do this by filing a motion asking for a modification, including facts about why you think it’s necessary and what you want the new order to say.
You should also include copies of any documents that support your argument (like proof of income) and any other information that would help explain why things have changed since the court issued the last order.
When you file this motion with the court clerk’s office, they will schedule an appointment for parents and their attorneys to come before the judge for a hearing on this matter. Suppose both parties agree about what changes and can show evidence supporting their request. The judge will approve the changes at this hearing without taking additional steps.
When Do You Change a Child’s Primary Residency In Texas?
To modify the primary residence of a child, you must file your motion with the court within one year of signing the current order. For example, if you signed an order in January 2018 and want to change it, you must file your motion to modify it before December 31, 2019
You must apply for modification if you want to change your child’s primary residence. If you file your application for modification one year after signing the original order, it will be contempt of court.
What Happens In Texas If the Child Is In Imminent Danger?
In Texas, if a child is in imminent danger, the court may grant an ex parte order to protect the child. An ex-parte order means the court will issue a temporary order without notice to the other party. The judge may also issue a restraining order depending on the situation.
The judge will decide whether your child is in imminent danger based on the following:
Children are the future, and ensuring the well-being and welfare of the child should be a priority. To this end, improving Texas legislation concerning fathers’ rights might help ensure that fathers are properly recognized as full co-parents under the law. Change may require time, but when it comes to our children, time is best not wasted.