Question: What are factors involved in modification of custody?

Answer: Factors for custody involve what is in the best interest of the child, who has been the primary caretaker of the child, the results of a social study into the circumstances of the child, among others. The name of the action in court is a Motion to Modify, which is necessary to change the custody arrangement and the child support.

Another issue is the age of the child. The Texas Family Code provides that a child may sign an affidavit of choice of conservator at the age of twelve. This is only one piece of evidence, and the court will still determine what is in the best interest of the child. Of course it becomes a bigger piece of evidence the older the child gets.