What are the procedures for a change in custody or visitation?
In Texas, there are specific procedures to follow when changing custody or visitation rights. The court must approve any changes to an existing custody or visitation order. Generally, to modify an order, one of the parties must file a motion with the court. The motion should include specific details of the changes proposed, such as the time, place, and duration of the modified visitation schedule. After the motion is filed, both parties must attend a court hearing. Depending on the type of change requested, the court may require both parties to undergo a home evaluation, counseling, or therapy sessions. When the court hears arguments from both sides, it will decide whether or not to grant the motion. In making its decision, the court will typically consider the best interests of the child. This includes factors such as the child’s safety and emotional well-being, age, the relationship between the parties, and any other relevant information. The court may also require the parties to attend mediation to work out an agreement. If the issue cannot be resolved in mediation, the court will decide any unresolved issues. It is important to understand that the court does not automatically grant all motion to change custody or visitation orders, so it is important to consult a family law attorney to understand the process and ensure that all legal requirements are met.
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