Texas courts do their best when it comes to determining child support and child custody in a divorce case, but they cannot possibly plan for unexpected future occurrences. Child custody and support orders are made based on each parent’s circumstances at the time of the divorce and the way in which those circumstances are presented. But we all know that life is anything but static, and the only thing constant is change.
Any number of unexpected life changes could occur in the years following a divorce, from change or loss of employment to finding a new relationship. When your circumstances change, the Standard Possession Order, which sets the schedule of parenting time for each parent, may no longer be as fair to you as it once was. More importantly, it may not be as fair to the child.
For example, if you and your former spouse both work, but your ex has a schedule that allows him or her more time to spend with the child, that spouse may be more likely to get primary custody in the Possession Order. However, if you find love again, and your new partner gets along extremely well with your child, and if your new partner does not work and can thus stay home with your child, the Possession Order may be changed to reflect that.
Keep in mind that any changes proposed to the Possession Order must still be proven to be in child’s best interests. There is never any guarantee that new circumstances will change the Possession Order, but there is a possibility. If you believe that your circumstances have changed significantly, and that your Possession Order should reflect that, consider meeting with an attorney who can help you begin the steps to modify your custody order.