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To change (modify) a Parenting Plan and Parental Responsibility, a parent must list how the childs circumstances have substantially changed and/or how changes in a parents circumstance have substantially impacted the child, and describe how making a change will be good for the child.
Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved.
Both Parents Agree to a Modification: If a modification is uncontested, each can approach their respective lawyers, have said lawyers draft a new parenting agreement, and request the approval of a judge. This is the easiest way to obtain a modification to a court order.
Once finalised, the parenting plan must be signed. Keep in mind that parenting plans need to be approved by the court before it is legally binding on parents. The parenting plan can be incorporated in a divorce settlement or registered at the Childrens Court of the Family Advocates office.
Missouri law does not state a specific age at which a childs preferences will be considered in determining custody. Its common for judges to allow children of at least 10 years old to express their preferences, but some children as young as 8 have shared their desire.
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A parenting plan registered with a Family Advocate may be amended or terminated by the Family Advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan. A parenting plan that was made an order of court may be amended or terminated only by an order of court.
In most cases, you must wait a year before requesting that the court change your custody order. This page from Texas Law Help explains the circumstances in which you may be able to have custody changed sooner than one year.
A determination of parental responsibility, a Parenting Plan and a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren).
You must file a modification case in the Texas county where the current order was made. If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made.
When parents agree on the changes to be made to the parenting plan they may file their agreement (stipulation) for modification with the court. A stipulation means both parents agree the court should make the change. The court may grant the request without a formal hearing depending on the nature of the change.

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