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How can health issues lead to custody modification?

Caring for a child requires attention, time and dedication. While doing the bare minimum may seem enough to maintain the basic needs of a child, some parents view this as not doing enough to meet the emotional, physical and mental needs of the child. This is especially true when a child is faced with certain medical conditions. Following divorce, if a parent in Texas does not timely, properly and continually address these needs, this can be considered to be neglectful and harmful for the child.

When a child is diagnosed with diabetes, for example, this can be an emotional time. Parents are often faced with emotional, financial and psychological challenges, as their child's health evolves into a very serious situation. Together, parents are able to address these ongoing concerns. However, following a divorce, parents may not always be on the same page. In fact, if one parent is not checking the child's numbers and administering medication at the proper times, this could significantly impair the child's health.

How can health issues lead to custody modification? A parent that does not fulfill caregiving responsibilities can negatively impact a child. And, if this failure to fulfill these responsibilities harms the health of the child, this can provide good cause and reason for the other parent to seek child custody modification.

Judges look at the "best interest of the child" standard to guide them through custody matters, so parents need to realize what information and evidence would help prove that one parent over the other is more fit to care for a child with a chronic condition. By working with physicians and other medical professionals, this information could be used as evidence that one parent has been meeting the requirements for the daily care of the child.

Sometimes, parents in Texas must revisit these issues when problems arise or one questions the quality of care a child is getting from a parent. Because a parent seeks to ensure the safety and well-being of the child, taking steps to protect the best interests of the child is vital. Child custody modification may be the only way to accomplish this task.

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Law Office of Michael D. Tracton, P.C.

12920 Dairy Ashford Road
Suite 140
Sugar Land, TX 77478

Phone: 281-201-1481
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