A Texas custody order can generally only be modified if there has been a material and substantial change in circumstances and if the modification is in the child’s best interest. Texas courts have developed a non-exhaustive list of nine factors to be considered to determine the best interest of the child. In some cases, a parent seeks modification because of attempted alienation by the other parent.
In a recent case, both parents sought modification of the original custody order. Under the original agreed order, both parents were joint managing conservators, the child lived with the mother, and the father had visitation rights. The mother had the exclusive right to determine the child’s domicile and direct his education. The parents shared the right to direct the child’s medical and psychiatric care. The child was to be transferred for visitation at a designated location.
According to the opinion, the mother began refusing to transfer the child unless a police officer was present. The father filed suit to change the transfer location to a police department. The mother petitioned for supervised visitation with the father and to be named the sole managing conservator. The father sought the exclusive right to determine domicile.