Custody arrangements are meant to be in the child’s best interest, but life is impatient. Circumstances change, and when they do, your custody arrangement may need to change with them. In most cases, however, changing a custody arrangement isn’t necessarily a war in the courtroom. With the help of an experienced Texas family law attorney, parents can usually resolve these sorts of issues more harmoniously and less expensively outside the courtroom.
Here, we explain how a family law professional can help you change custody in other ways, like mediation and collaborative law, granting you more time, less stress, and fewer unnecessary legal costs of law.
Why Custody Orders Might Require Change
Custody agreements aren’t set in stone. They are decided based on a snapshot of circumstances at a particular point in time. As children grow and parental situations shift, the original plan won’t be possible or ideal anymore.
Examples of common reasons for change in custody include:
- A parent relocating for work or family reasons
- A modification of the child’s school or after-school schedule
- A modification in a parent’s availability or location
- Matters related to the child’s health or emotional stability
When such changes arise, both parents might find that a modification must occur. The upside of courtroom litigation is not the sole option.
Can You Modify a Custody Order Without Going to Court
Yes. Parents in most cases, can mutually agree to modify the custody arrangement outside of court through legal means. However, even if you mutually agree in private, it will need to be formalized and endorsed by the court in order to render it legally binding.
This is where a Texas family law attorney steps in. They will ensure your modified agreement meets all the legal requirements, is designed to protect your parental rights, and most importantly, is in the best interest of the child.
Other Means of Modifying Custody Agreements
1. Mediation
Mediation involves having an impartial third-party mediator help parents reach an agreement with each other. An experienced family law attorney can help you mediate the process, offering guidance, reviewing offers, and seeing to it that the final settlement is fair and enforceable.
Benefits of mediation are:
- Less expensive than court litigation
- Less aggressive environment
- Faster resolution
- Greater anonymity
American Bar Association studies observe that mediation for family law cases generally results in higher satisfaction for both sides and better long-term compliance with the agreement.
2. Collaborative Law
Collaborative law is yet another alternative method that takes place outside the court where both parents, along with their respective lawyers, work together to come up with a new custody arrangement. The process is based on transparency, cooperation, and conflict resolution rather than combat.
In collaborative law:
- Both parties commit not to go to court
- All discussions are held in official conferences
- Experts (such as child psychologists) can be hired if necessary
A Texas family lawyer trained in collaborative law is tasked with representing your interests while promoting productive discussions.
The Role of a Family Law Attorney in Custody Modifications
Even if you and your co-parent have come to an agreement for modifications, it’s worth hiring the services of a lawyer conversant in the technicalities of family law. Here’s how they help you:
- Legal advice: Clarifying your rights and responsibilities under Texas family law
- Drawing up documents: Drafting or reviewing the new contract to render it enforceable under the law
- Submission to court: Properly filing the papers so the new agreement can be made part of the formal order of custody
- Protecting interests: Verifying the new provisions are in the best interest of the child and comply with legal standards
Without proper guidance, you risk overlooking vital information that can result in the court rejecting the agreement or worse, leading to future conflicts.
Wrapping up
Changing a custody agreement doesn’t mean that you have to go to court. There are multiple families who update their parenting plans through safe and easy methods like mediation or collaborative law, with assistance from a Texas family law attorney. These approaches focus on your child’s well-being and try their best to reduce the conflicts.
If your current plans are not working, it is time to consider a more cooperative path with Delaney Law Firm. Here we offer you the right legal support, so that you can make changes confidently with care.
With Michael Delaney’s 35 years of experience and personalized attention, you can protect your child’s best interests and simplify the process. Call now for your free, confidential consultation.