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| | Establishing That Prior Order Is Unworkable or Inappropriate |
In General
The court may modify the terms of possession of or access to a child or the rights and duties of conservators if the order has become unworkable or inappropriate under existing circumstances.
Parent's behavior.
An order may become unworkable because of the behavior of the parties. If one parent's behavior in relation to the possession or access order tends to damage a child's relationship or ties with his or her other parent or extended family, the order may be inappropriate or unworkable. For example, the parties may argue in front of the child when meeting to exchange the child for visitation.
Change in possessory conservator's employment.
A change in the possessory conservator's employment, accompanied by changes in his or her work schedule or income, may be sufficient to show that the previous order has become unworkable.
Change of residence.
A change of residence that places a substantial distance between the possessory conservator and the child may make a visitation order unworkable and inappropriate.
When Existing Possession Order Varies From Standard Possession Order
The court may consider the guidelines for a standard possession order to determine if the order has become unworkable or inappropriate in determining whether a modification of the existing order for possession of or access to a child by a parent is in the child's best interest. The court may modify an order for possession of and access to a child that does not substantially conform to the standard possession order if the modification is in the best interest of the child.
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