In some Texas divorce cases, one parent may be granted sole custody of any children that resulted from the marriage. Under certain circumstances, however, the non-custodial parent may return to court at a later date to seek custody if there is reason to believe that one or more of their children are receiving the care or support they need from the custodial parent.
This type of case was highlighted by former reality television star Jon Gosselin when he filed for custody of his 11-year-old daughter. While he and his former wife Kate actually have eight children altogether, he was reportedly only seeking custody of one child after she allegedly claimed that she no longer wanted to live with her mother. The question remains over whether or not he can potentially be successful in this particular situation.
According to a family law expert, it can be difficult to modify a child custody order once it has been issued, unless a change in circumstances can be shown to have taken place. The court weighs a number of factors before modifying any custody order, including the child's relationship to their siblings, the child's attachment to each parent and, if the child is older, their wishes. Stability can also be a major factor.
Ultimately, Texas judges attempt to make decisions that are in the best interests of the child involved. If a non-custodial parent wishes to seek custody of one of their children from the custodial parent, they must demonstrate that changing the custody order is in the child's best interest. A family law attorney may assist with proving that the child will have a more stable home life with the non-custodial parent or that having the child live with the non-custodial parent will directly benefit the child in question.