Generally, there must be a material and substantial change in circumstances to justify a modification of a Texas custody order. An appeals court recently considered whether a father judicially admitted the existence of a material and substantial change when he objected to the modification sought by the mother, but petitioned, in the alternative, for different modifications.
Sometimes one or both parents move after a custody order is issued. When parents move, they often want to modify custody and visitation. However, if both parents have moved out of state, issues of jurisdiction may arise. In a recent case, a father sought a Texas custody modification of a North Carolina custody order.
Last month was an exciting one for Texas family law attorneys. During this year’s legislative session, our friendly representatives down in Austin had their hands full with a number of new bills that sought to alter significant portions of the family law landscape.
There were three bills that passed their way through a House committee but ultimately were voted down after strenuous lobbying by the Texas Family Law Foundation. The first bill that was voted down was HB 4093, which sought to repeal section 6.001 of the Texas Family Code. Section 6.001 provides that “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” Had HB 4093 passed and been signed by Governor Abbott, parties seeking divorce would have to prove another valid ground for divorce, including adultery, cruelty, living apart, or abandonment.