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In most cases, you must wait a year before requesting that the court change your custody order. This page from Texas Law Help explains the circumstances in which you may be able to have custody changed sooner than one year.
Essential Declaration Letter TipsWrite clearly, and use your own words.Use bulleted lists for your major points.Don't insult or bash your ex.Attach evidence such as pay stubs or bank statements, but redact SSN and account numbers.Affirm that you are making your statement under oath, and under penalty of perjury.More items...?
You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges.
Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved.
It's common for parents to ask at what age their child can decide custody. In Massachusetts, children can't "decide" where they will live until they are at least 18 years old. However, Massachusetts courts must consider a child's custodial preference when the child is mature enough to have a rational opinion.