Child Custody Modification Time Line

Question:  What factors are involved in modification of custody?

Answer:  Factors for custody involve what is in the best interest of the child, who has been the primary caretaker of the child, the results of a social study into the circumstances of the child, among others. The name of the action in court is a Motion to Modify, which is necessary to change the custody arrangement and the child support.

Another issue is the age of the child. The Texas Family Code provides that a child may be interviewed by the court to determine inclinations of the child with regard to which parent would have custody, among other matters. This is only one piece of evidence, and the court will still determine what is in the best interest of the child. Of course it becomes a bigger piece of evidence the older the child gets.

The Texas Family Code no longer provides for the child to express a preference of custodial parent in writing with the court. The Texas Family Code 153.008 - Child's Preference Of Person To Designate Residence that allowed the child to make the preference of parent was repealed effective September 1, 2009.