Child Custody Orders are designed to serve the best interests of your child. Sometimes life changes. Jobs shift, families move, and children’s needs evolve. Fortunately, parents can request a modification of a child custody order when circumstances change significantly.

At Denis Law Group, our experienced Texas family law attorneys help parents pursue or defend against custody modifications with care and precision, always keeping children’s well-being at the forefront.

When Can You Modify a Child Custody Order in Texas?

A parent may request a modification when there has been a material and substantial change in circumstances since the last order was issued. Some common examples include:

• A parent’s relocation or move that affects visitation
• Changes in employment, income, or work schedules
• A parent’s health or lifestyle changes that affect the child
• The child’s educational or emotional needs are evolving
• Evidence of neglect, abuse, or unsafe living conditions
• A child aged 12 or older expressing a preference for where to live

The key factor is whether the change impacts the child’s best interests.

Who Can Request a Custody Modification?

A parent, guardian, or person with court-ordered custody or visitation rights may file a petition to modify the existing order. This request can cover:

• Primary custody (managing conservatorship)
• Visitation schedules (possession and access)
• Decision-making authority over education, healthcare, and activities (rights and duties)

In most cases, the modification must be filed in the same court that issued the original order, unless the child has relocated to another county. Please note that in Bexar County, we have a presiding court system. 

A presiding court system is a system where a centralized court (Presiding Court in Bexar County) manages the dockets and initial hearings for multiple courts in the Bexar County Courthouse. A presiding judge handles the initial screening of the case and if necessary, will send your case to a judge who is available based on the length of your hearing/issue to be heard. This may mean that several different judges will hear your case if it is a high-conflict case with lots of hearings. 

What Does the Court Consider?

Texas judges focus on one central question:

Does the proposed change serve the best interests of the child?

To decide, the court may review factors such as:

• Each parent’s ability to provide stability and care
• The child’s relationship with both parents
• The child’s physical and emotional needs
• Any history of family violence or substance abuse

Strong evidence, such as school reports, witness statements, or documentation of major life changes, can help support your request.

Temporary vs. Permanent Modifications

Not all custody changes are permanent. You can request a temporary order while waiting for a full hearing, especially in emergencies involving the child’s safety or well-being.

At Denis Law Group, we act quickly to file emergency motions when immediate protection is necessary.

Avoid Costly Mistakes When Seeking a Modification

Parents often underestimate the complexity of modifying a custody order. Common mistakes include:

• Failing to show clear evidence of changed circumstances
• Making informal agreements without a court order
• Violating an existing custody schedule before approval
• Waiting too long to act after a significant change

Even small errors can delay your case or harm your credibility with the court. Having an experienced Texas family law attorney ensures that your petition is properly supported, filed, and argued.

How Denis Law Group Can Help

Our legal team provides personalized guidance to help parents through every step of the modification process. We:

• Evaluate whether your case meets the legal standard for modification
• Gather and present strong evidence to support your petition
• Advocate for your child’s best interests in court
• Help negotiate new schedules or agreements outside of trial

Whether you’re seeking more time with your child or defending your current rights, Denis Law Group is here to help.

Contact a Texas Custody Modification Attorney Today

If your family’s situation has changed, don’t rely on outdated custody terms.
📞 Contact Denis Law Group for trusted legal advice and representation in child custody modifications throughout Texas, including Bexar County, Comal County, and surrounding areas.

Our goal is to help families find solutions that put children first and reduce conflict wherever possible.