What are the procedures for a change in custody or visitation?

In Texas, a change in custody or visitation involves a petition for modification of a court order. If a parent wishes to modify visitation rights or custody of the child, they must file a petition with the court. The petition must include the reasons why the parent wishes to modify the order, such as changes in the child’s living arrangements, changes in the parents’ employment, or medical reasons. The court must also consider any evidence presented by both parties, such as testimony from witnesses and medical records. The court will then decide whether the modification is in the best interest of the child. If the court finds it is, the court can modify the existing court order. The parent who filed the petition must give copies of the petition to the other parent, as well as the child’s attorney or guardian ad litem. The other parent then has 20 days to file an answer (or response) to the petition. A hearing date will then be set to allow both parties to present their evidence and make their case. At the hearing, the court will listen to both sides and make a decision. If the court orders the modification, both parents must abide by the new order or face possible legal consequences. It is always important to keep in mind that a change in custody or visitation should be for the best interests of the child.

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