Can I Modify Child Custody if My Ex Gets Remarried in Texas?

 Posted on May 20, 2024 in Divorce

Circumstances change all the time. This is especially true of life after divorce, which requires adjustment to a new beginning. Children grow and their needs change, as do yours. Financial situations improve and decline. Health does the same. And many times, divorced parents get remarried.

Although courts do not like to change, or modify, the orders they give during a divorce, Texas law understands that circumstances change. Depending on the change, an ex-spouse can ask the court to modify orders such as:

• Child support orders

• Spousal support orders

• Child custody orders, known in Texas as possession orders

However, post-divorce modifications are not simple and courts are reluctant to make changes to existing orders. Consult with a divorce attorney who can advise you whether your situation qualifies for modification.

Can I Modify a Possession Order if My Ex Gets Remarried? 

If your ex-spouse gets remarried, that is not a reason to modify a possession order. Texas law believes that:

• Both parents are equally important in the child’s life.

• Each parent has equal rights to the child. 

The only reason that a court would restrict a parent’s rights to the child is if a judge felt that the parent was somehow a threat to the child’s well-being.

So, if you feel that your ex-spouse’s new spouse is dangerous for your child, that could be a basis for modifying the possession order. However, keep in mind that you will need to present a strong case to the court for why this person is a threat to your child. If the court feels that you are simply being vindictive or jealous, you can be forced to pay the other party’s attorney’s fees.

Could Remarriage Be Used to Modify a Possession Order?

A question often asked is if remarriage can be used to modify a possession order because it means that the home is more stable. The answer is no, for a few reasons:

• Remarriage does not necessarily mean the home is more or less stable. That depends on the spouses.

• Just because one parent gets remarried does not mean that the other parent has any less rights to the child.

• The child may not be comfortable around a new stepparent.

Does Remarriage Impact Divorce Orders in Any Way?

Remarriage can affect spousal support orders. If the spouse that is receiving spousal support — called the payee — gets remarried, then the payor — the spouse ordered to pay the spousal support, also known as alimony — is exempt from further payments. The payor can stop making payments immediately upon the marriage of his or her ex-spouse.

Contact a Galveston County, Texas Post-Divorce Modification Attorney

Texas courts prefer to wait at least a year before making any changes to a divorce order. You may be able to get a court to modify an order within the first year if you have a compelling reason. The best way to know if you have a case is to discuss it with a Galveston, Texas post-divorce modification lawyer. 

Daniel R. Bacalis, P.C. is a board-certified family law specialist and divorce attorney with extensive experience in post-divorce modifications. I will tell you how a court will view your modification request and how to build a strong case. Call 409-392-1511 for a free consultation today.