In Texas, a material substantial change is a significant alteration in the circumstances of a parent or child that may warrant a modification of a custody order. A material substantial change can range from a change in living conditions, to a change in the child’s needs, to a change in the parent’s ability to care for the child. The goal of a custody modification is to ensure that the child’s best interests are protected, and a material substantial change can often play a crucial role in achieving this objective.
Definition of Material Substantial Change
A material substantial change refers to a change in the circumstances of a parent or child that affects the child’s welfare and safety. This change must be significant enough to warrant a change in the custody arrangement, and it must be shown that the current custody order is no longer in the child’s best interests.
Examples of Material Substantial Change
There are several examples of material substantial changes that can warrant a custody modification. Some of the most common include:
- Change in Living Conditions: If a parent moves to a new home that is not suitable for the child, or if the parent’s living conditions become dangerous or harmful to the child, a material substantial change may have occurred.
- Change in Child’s Needs: If a child’s needs change, such as a medical condition that requires special care, a material substantial change may have occurred.
- Change in Parent’s Ability to Care for the Child: If a parent’s ability to care for the child changes, such as the parent developing a drug or alcohol addiction, a material substantial change may have occurred.
- Change in the Child’s Relationships: If a child’s relationship with a parent changes, such as the parent becoming abusive or neglectful, a material substantial change may have occurred.
Proving a Material Substantial Change
To prove a material substantial change, the parent seeking the modification must present evidence to the court that supports the need for a change in custody. This can include witness testimony, documentation, or other forms of evidence that support the argument that the current custody order is no longer in the child’s best interests.
The court will consider the evidence presented and make a determination as to whether a material substantial change has occurred. If the court finds that a material substantial change has occurred, it will then determine whether a modification of the custody order is necessary to protect the child’s best interests.
Conclusion
A material substantial change is a significant change in the circumstances of a parent or child that may warrant a modification of a custody order. To prove a material substantial change, the parent seeking the modification must present evidence to the court that supports the need for a change in custody. If the court finds that a material substantial change has occurred, it will then determine whether a modification of the custody order is necessary to protect the child’s best interests. If you believe that a material substantial change has occurred in your case, it is important to seek the advice of an experienced family law attorney to help you navigate the custody modification process.