Court orders in Texas, especially those involving conservatorship, possession, and child support, are meant to provide stability for children. But life changes, and sometimes the existing order no longer works. When that happens, Texas law allows parents to request a custody modification.

Whether you’re seeking more time with your child, addressing safety concerns, or adjusting to new life circumstances, understanding how modifications work can help you protect your child’s best interests and avoid legal pitfalls.

What Is a Custody Modification?

A custody modification is a legal request to change a current court order involving:

• • Conservatorship (decision-making)
  • Possession and access (visitation schedules)
  • Child support
  • Geographic restrictions
  • Parenting provisions (right of first refusal, communication rules, etc.)

Texas courts will modify an order only if the requested change is in the child’s best interest and meets one of the legal grounds below.

Legal Grounds for Custody Modifications in Texas

To change an existing order, one of the following must be true:

1. A Material and Substantial Change Has Occurred

This is the most common basis for modification. Examples include:

• • A parent moves or relocates
  • Changes in a parent’s work schedule
  • Drug or alcohol issues
  • Family violence or safety concerns
  • Medical or mental health issues
  • A parent becoming incarcerated
  • Changes in the child’s needs (education, medical, behavioral)
  • Significant interference with parenting time
  • A parent failing to follow the current order

A “material and substantial change” simply means something meaningful changed since the last order enough that the old order is no longer workable or safe.

2. The Child Is 12 Years or Older and Wants to Live Primarily With One Parent

A judge may consider the child’s preference, but the child does not get to decide.
The judge will still focus on the child’s best interest.

3. The Other Parent Has Voluntarily Given Up Primary Care for Six Months or More

This does not apply if the relinquishment was due to:

• • Military deployment
  • Temporary emergencies
  • Short-term situations

This rule is meant to protect stable caregivers.

How to Request a Custody Modification in Texas

The process varies slightly by county, but generally involves:

1. Filing a Petition to Modify the Parent-Child Relationship

This is filed in the same court that issued your existing order (the “court of continuing jurisdiction”).

2. Serving the Other Parent

The other parent must receive legal notice unless they sign a waiver or agree to the modification.

3. Attempting Mediation

Many Texas courts require mediation before a contested hearing.

4. Attending Hearings

A judge—sometimes a jury, depending on the issue—will evaluate evidence and decide whether the modification is in the child’s best interest.

What Judges Consider When Deciding Custody Modifications

Texas courts look at factors such as:

• • The child’s physical and emotional needs
  • The parents’ ability to co-parent
  • Stability of each household
  • Any history of abuse, neglect, or family violence
  • How consistently each parent has followed the current order
  • Changes affecting the child’s safety or development
  • The child’s preference (if age-appropriate)

The court’s priority is always the best interest of the child, not the parents.

Here is a list of Common Types of Custody Modifications

✔ Changing the Parenting Schedule

Adjusting weekends, holidays, summers, or overnights.

✔ Adding or Removing Geographic Restrictions

Allowing (or preventing) relocation.

✔ Modifying Rights and Duties

Decision-making authority over education, healthcare, etc.

✔ Right of First Refusal or Communication Rules

Adding structure to how parents notify each other or communicate.

✔ Emergency Temporary Orders

Requested when the child is in immediate danger.

When Should You Seek a Modification?

A modification may be needed if:

• • The current schedule doesn’t fit your child’s needs anymore
  • The other parent is not following the order
  • There are safety concerns
  • A parent is moving
  • Your work schedule changed
  • Your child is struggling academically or emotionally
  • You have agreed informally, but the court order doesn’t reflect your new arrangement

Never rely on verbal agreements; they are not enforceable.

Tips for a Successful Custody Modification Request

• • Document everything
  • Save texts, emails, attendance records, and police reports
  • Avoid arguing in messages
  • Follow the current order as much as possible
  • Be child-focused, not parent-focused
  • Work with an experienced family law attorney

Preparation can make a significant difference in the outcome.

Final Thoughts

Custody modifications in Texas exist to ensure that court orders grow and adapt as children grow and life circumstances change. Whether you’re seeking more time with your child or trying to protect them from unsafe conditions, understanding your rights is the first step.