Modification of Child Custody or Visitation
How can child custody or visitation orders be modified?

When a parent seeks to have the child custody order changed, it is his or her burden to show the court why it should be
changed.  This is based on the idea that stability is best for the child unless you can show that there is something in the
environment that will harm the well being of the child.  This is not as simple as it may seem. The parent seeking modification
of child custody must show that his or her home will be better for the child than the home of the custodial parent.

In order for the court to grant a modification of custody or visitation, the parent requesting the change must prove that a
"material and substantial change in circumstances" has occurred since the date of the divorce decree or previous child
custody order.  The following are examples of some circumstances that may support a modification:

  • Change in lifestyle of a parent
  • Failure to show up for visitation
  • Refusal to honor the other parent's visitation rights
  • Parent moving beyond the geographical restrictions set by the court
  • Domestic violence or child abuse by parent or household member
  • Child neglect
  • Alcohol or drug abuse issues
  • Significant violations of the divorce decree or prior order

The court will only consider facts that have occurred since the date of the divorce decree or custody order.  It will not re-
litigate matters that were, or could have been, litigated before the existing decree or order.

If you need representation to contest a child custody modification, or believe it is in your child's best interest to modify
custody or visitation,
Pederson Law Office can help.  If you delay, you may compromise your legal position.  Contact
Pederson Law office today for a free telephone consultation.

Read these REVIEWS to see what former clients say.

Copyright © 2012 by Marc A. Pederson. All rights reserved. You may reproduce materials available at this site for your own
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The information you obtain at this site is not, nor is it intended to be, legal advice.  You should consult an attorney for advice
regarding your individual situation.  We invite you to contact us and welcome your calls, letters and electronic mail.  Contacting
Pederson Law Office does not create an attorney-client relationship.  Please do not send any confidential or time sensitive
information to us until such time as an attorney-client relationship has been established.
Marc A. Pederson
Attorney and Counselor at Law
The Naylor House
1919 San Pedro Avenue
San Antonio, Texas 78212
(210) 735-9911
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