For divorcing parents, the needs of their children tend to be the main priority. In Texas, custody is referred to as possession. Ideally, both parents will remain amicable and come up with a possession agreement that is in the best interests of the children. Where this is not feasible, the court will step in and come up with a possession order based on the same principles.
Once the possession order is set, it is legally binding. Neither parent can ignore it simply because they do not agree. But, can a possession order be changed if it no longer meets the best interests of the child?
The parent’s living situation and location
In some cases, a career opportunity can mean that a parent is able to provide more opportunities for their children. If this situation arises in your case, then the court may approve a relocation and subsequent modification to the possession order.
Failure to stick to the arrangement
Life can throw up unexpected events. For instance, a child or parent may fall ill. In these circumstances, it may not be in the best interests of the child to follow the order. Repetitive breaches of the arrangement without valid reason are different matters. Multiple breaches of a possession order can result in the court making modifications so that the child is offered more stability.
The best interests of the child
Every family court decision relating to possession orders will be based on the best interests of the child. If a possession order is not meeting these, then a modification might be possible. Seek some legal guidance to find out what options you have.
