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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Through lawyer error my son was awarded to to a rager ...

Customer Question

Through lawyer error my son was awarded to to a rager husband that he loaths. How do I petition the court for custody of my beloved six year old son in Texas?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Since custody has already been issued, your lawyer will need to file for a modification of the current custody orders. A modification occurs when there is a showing of a change in circumstances for warranting the modification. In general a detriment to the child's best or welfare is considered a change in circumstances. You can access modification forms for Texas here for further guidance, although some of these forms appear to be when the modification is uncontested, otherwise you need to check with the court clerk if they have contested modification packets and if they do not, then you will need your lawyer to draft these.

According to Texas the following are the grounds to modify custody:

Grounds to Modify the Custody/Visitation Order

Any person who is affected by the order can ask the court to modify or enforce the order. Before the court can grant a modification, it must find:

1. that the modification is in the best interest of the child;

2. that the circumstances of the child, a conservator or a party affected by the order have

materially and substantially changed since the order was signed by the court.

3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator.

4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.

If the change is requested within 12 months of the original order, you must also show one of the following:

1. The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;

2. The person entitled to establish the child’s primary residence is consenting to or bringing the motion for the best interest of the child;

3. The person entitled to establish the child’s primary residence has voluntarily given care and possession to another person for at least 6 months and a change would be in the child’s best interest.

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