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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