Texas Fathers and Child Custody Cases – Time for Modifications or a Change?
You have decided to make some serious changes in your child custody situation to stabilize the entire family. Your Ex is not helping and the children are seriously acting out. What to do? What to do?
Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives. The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:
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Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.
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Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.
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Fathers feel they spend more or as much time with their children as their fathers did when they were children
With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother. Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.
Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences. Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.
Things you want to consider as you prepare for your child custody battle are:
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Who has the financial ability to best care for the child (ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
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Establish a detailed viable parenting plan (child care, after school care, transportation, pediatrician, etc.).
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Who is more stable and/or can provide the best home for the child (ren)?
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Where has the child (ren) been attending school? Is it possible to keep the child (ren) in the same school district?
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Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
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Consider if a home study should be prepared regarding each home of the child (ren).
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Consider whether a psychological evaluation should be done on the mother?
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Is drug testing necessary? (Be sure to request hair follicle drug testing.)
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Is there an alcohol or other addiction problem in the home?
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Who can provide the best moral upbringing for the children?
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Is there evidence such as pictures, social networking sites, video tapes, texting, etc. that may help your case?
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Avoid unnecessary compromising photos, data on social networking sites, or texting!
Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.
Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!
How Much is Texas Child Support? Texas Child Support Guidelines
UPDATE ON TEXAS CHILD SUPPORT, EFFECTIVE SEPTEMBER 1, 2025:
A new cap is effective for all child support orders finalized on or after September 1, 2025
The Texas child support cap increased from $9,200 to $11,700 in net monthly resources for orders finalized on or after September 1, 2025, following legislative changes to the Family Code. This significant adjustment, part of the regular Texas child support guideline review, means higher guideline support amounts for higher-income parents. For example, the new cap results in a maximum monthly payment of $2,340 for one child (20% of $11,700) and up to $4,680 for five or more children (40% of $11,700) under the standard guideline framework.
Texas Family Code §154.125(a)(1) requires that every six years the presumptive amount of net resources to which the child support guidelines apply shall be reviewed and adjusted for inflation by the Texas Office of the Texas Attorney General (OAG). That section sets out the formula for doing so based on the consumer price index. The last adjustment was done in 2019 when an amount of $9200 per month was established.
How does the “cap” work and what could this mean for you? If your net monthly resources are less than $11,700, the child support obligation will not change on Sept. 1. You are under the “current cap” and lower than the “new cap”. All stays the same.
If you are currently going through litigation and your net monthly resources exceeds $11,700 and the Court orders child support prior to September 1, 2025, Texas Child Support Guidelines will mandate that the Court apply the appropriate child support percentage to the first $9,200 in net monthly resources based on the number of children. But, if the Court orders child support after September 1, 2025, it will apply the new appropriate child support percentage to the first $11,700 in net monthly resources.
Child support under the guidelines is determined by applying the applicable percentage, beginning at 20% for one child and increasing incrementally for each additional child, to the net resources amount. If a child support obligor has monthly net resources over $11,700, a party seeking above the guideline’s child support has the burden of proving to the court that additional support should be ordered according to factors set out in Texas Family Code §154.126.
Important to Know: The new “cap” increase of September 1, 2025 will not automatically increase the obligor’s existing child support obligation. Any change in child support standing before September 1, 2025, can only occur through the court with a modification order to increase the child support to the new “Cap” amount of $11,700. After September 1, 2025, any new suit for child support will be subject to the new “cap”.
Please review the Texas Office of the Texas Attorney General (OAG) website for a child support calculator for the new breakdown: https://csapps.oag.texas.gov/monthly-child-support-calculator
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Modification of Child Custody or Visitation Rights for Texas Fathers
Texas family law states that a court may modify a child custody order if the change is in the best interest of the child and one of the following applies:
1. The circumstances of the child or parent have materially or substantially changed since the date of the original child custody order or order to be modified.
2. The child is at least 12 years of age and will tell the court in private chambers with the judge that he/she would like a change.
3. The custodial parent has voluntarily given the child’s care and custody to another person for at least 6 months.
Material or Substantial Change
What could be acceptable as a change for the Texas family courts? Some examples could be a parent’s remarriage, a medical condition the affects a parent’s ability take care of the child, a parent’s criminal acts or convictions, a parent’s change in residence that makes visitation a hardship for the other parent, family violence, drug or alcohol related issues, absence of supervision, and other material changes concerning adequate care and supervision of the child.
Child Wants Change
The child must be at least 12years of age and maybe interviewed in the judge’s chambers. The court will consider the child’s desire but only make a change if it is in the child’s best interest.
Custody Relinquishment
This happens when the custodial parent has voluntarily given up custody of the child to another person for at least six months. This does not apply to a period of military deployment or duty.
After finding one of the three prerequisites, the court must still consider whether the change will be in the child’s best interest. The court will consider factors affecting the child’s physical, emotional, mental, education, social, moral or disciplinary welfare and development. The factors considered for this evaluation are:
1. Child’s emotional and physical needs.
2. Parenting ability of the conservators or potential conservators
3. Plans and outside resources available to persons seeking the modification
4. Value to the child of having a relationship with both parents
5. Visitation schedule that requires excessive traveling or prevents the child from engaging in school or social activities
6. Stability of the person’s home seeking the modification
7. The child’s desires
8. Child’s need for stability and need to limit additional litigation in child custody cases.
Modification within one year of prior court order
A parent who files a motion to modify a child custody order within one year after a prior order was entered must also submit an affidavit to the court. The affidavit must contain, along with supporting facts, at least one of the following allegations:
1. The child’s present environment may be endanger the child’s physical health or significantly impair the child’s emotional development.
2. The person who has the exclusive right to designate the child’s primacy residence is the person seeking or consenting to the modification and the modification is in the child’s best interest.
3. The person who has the exclusive right to designate the child’s primary residence has voluntarily relinquished the primacy care and possession of the child for at least six months and the modification is in the child’s best interest.
Parental Alienation And False & Malicious Domestic Violence Allegations
Parental Alienation Syndrome (PAS) is a generally recognized platform that may result in child abuse. This occurs when a custodial parent of a child from a separated family uses deception to deliberately alienate children from their non custodial parent.
Misplaced Domestic Violence Restraining and Protective Orders are an excellent tool to advance the Alienating Parent’s malice! Misguided Protective Orders of a Court based on such false representations may remove the Accused Abuser Parent from the home, bar the Accused Abuser from seeing his/her children and give the Alienating Parent total physical custody of the children. The Accused Abuser Parent is now effectively “Guilty Until Proven Innocent”.
Once the Alienator obtains a Restraining Order through false domestic violence allegations, the Accused Abuser Parent may find it difficult to defend himself or herself against the false allegations. This sends the implied message to the children that “Daddy/Mommy” is bad or dangerous, stamped by the court.
The Accused Abuser Parent may only see his/her children in a cold and uninviting supervised visitation setting. Supervised Visitation Centers are facilities where a child is taken to meet with the Accused Abuser Parent in a third party monitored location. A third party observes the Accused Abuser Parent during their visit with their children so that the child is “protected” at all times.
Often the supervised visit is demeaning for the visiting parent in the eyes of his/her child. The impression to the child that “Daddy or Mommy” is dangerous comes across loud and clear since most children only see lock up situations on TV and these people are seriously viewed as being bad.
Many Alienating Parents use this scary situation to encourage their child not to see the Accused Abuser Parent at all. The more time a child is out of contact with the Alienated Parent the deeper the scaring and recovery period for that child.
Dr. Richard A. Gardner coined the term “Parental Alienation Syndrome” (PAS) in 1985. Dr. Gardner found that a child subjected to continual negativity and manipulation by the Custodial Parent over an extended period of time against the other parent would eventually adapt the distorted view presented. At the end of the day, what the Alienating Parent fails to understand is that his/her selfishness makes his/her child the “victim” who pays a hefty price in lost self esteem.
Unfortunately, False Domestic Violence Allegations have become more common in Divorce / Child Custody Proceedings. Most Judges usually enter a restraining or protective order for the safety of the child and in too many cases an Accused Abuser Parent is guilty until proven innocent!
Are You An Alienated Parent With A Parental Alienation Syndrome (PAS) Family Experience? What Can You Do?
There is nothing worse than a family torn apart by parents who are battling over child custody. Many of these cases are in serious litigation and often, these disputes will continue for years.
What is Parental Alienation Syndrome (PAS)? In the 1980’s, forensic psychiatrist, Dr. Richard A. Gardner noticed a large increase in a disorder where one parent will program or brainwash a child to alienate the other parent. He also found the child was self-creating contributions supporting the alienating parent’s campaign of denigration against the targeted parent.
Dr. Gardner’s definition of PAS: Parental Alienation Syndrome (PAS) is a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilifications of the target parents. (Gardner, the Parental Alienation Syndrome)
There is no pure PAS diagnosis if the child still has a positive relationship with the parent even though the other parent is trying to alienate the child.
Courts are generally more conservative in their judgment acknowledging PAS in high conflict cases. Even though Parental Alienation evidence may be overwhelming, often courts will enter judgments allowing the “parents to make joint decisions about the child’s welfare.” This will not ever happen between two alienated parents! In many situations it will take a dramatic or tragic situation to force the court to change primary custody. When the alienating parent becomes unstable mentally, the court will recognize that there is something “out of line” and will become more supportive of the targeted parent.
What are the Best ways for the Alienated Parent to Deal with the PAS issue?
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Keep your “cool”. Never retaliate. Never act in anger since anger=unstable.
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Never give up! You cannot let your child grow up in this environment of hate. The child is the victim of a situation that he/she never asked to be in.
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Be “Proactive”! It is a terrible situation for the entire family, but work on seeking constructive action to solve the problem. Do not allow yourself to become a victim!
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Always keep a journal of dates and times of major key events. Explain when the situation occurred and what happened specifically. Any Witnesses?
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Always call and show to pick up the child even when you know he/she will not be there. Try to contact the police to have a record of the no-show event or take a witness to video the denial of possession. You do have an interest in your child, no matter what the alienating parent says.
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When you do see the child, focus on enjoying your parent-child time together. Never talk badly about the other parent and do not let children overhear inappropriate conversation on the telephone.
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Hire a skilled family lawyer who has experience in parental alienation syndrome issues. Do your homework on PAS and interview the lawyer on his experience and what your issues are. If you are not satisfied look again. This is your life and you are trying to save your child.
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Be prepared to financially see this case to the end. Most of these case last for years. You cannot start and stop.
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A forensic evaluator in PAS cases is usually an asset in showing that there is truly alienation occurring and recommend changing legal and primary custody to the alienated parent. An appropriate parenting plan included showing how well the child will be taken care of with the alienated parent, is advised.
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Always pay your child support on time and never violate court orders. Never give the alienating parent reason to question your behavior.
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Last but not least, to show that your parenting skills are superior, take a comprehensive parenting course to be able to show the court that you strive to be the best parent you can to the child, no matter what the alienating parent says.
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization