Skip to main content

Can one modify an existing Texas child custody order?

By Katie L. Lewis

Parent spending time with a child outdoors

“There is no constant but change.” So goes a tried and true piece of conventional wisdom. Basically, because time is continually passing, everything in the world changes, whether it wants to or not. The same may be said for the circumstances Texas residents find themselves in after a divorce or break-up of a domestic relationship. Whether it is a new job, or a need to move to different hours of work, or to a different residence, the situations of both parties to a family law case can change, sometimes dramatically. Because of this, what may have been the best solution at the time a decision was made on issues like child custody or visitation may no longer be viable.

When this occurs, what are parents to do? First off, it should be noted that if parents can agree on a change, they are usually free to implement it, though it may sometimes be in their best interests to memorialize it in the form of a court order so that there are no misunderstandings later. If there is no agreement, however, it is not impossible for one party to request a change, but there are some facts that he or she will have to show to the satisfaction of the court.

To be granted a change in conservatorship or possession (which are Texas legal terms for legal and physical custody), the moving party (i.e. the one who is asking for the change) must show that the circumstances of either the child, the conservator (custodial parent) or someone else affected by the order have substantially and materially changed since the entry of the original custody order. The court may also grant such a modification if the child is 12 years old or older and has made his or preference for primary custody known to the judge, or if the custodial parent has given the child to another person for at least six months. Of course, to modify a child custody order for any reason, the court must find that such a change is in the best interests of the child.

What constitutes a substantial and material change may be based upon a subjective standard, which may need to be shown through testimony and other evidence. Because of this, those seeking a child custody modification may wish to consider seeking the help of an experienced legal professional.

Featured Insight

Start with our latest in-depth analysis and legal guidance on the topics families face most often.

  • Parent spending time with a child outdoors

    Child Custody

    When should you seek a custody change in Texas?

    By Katie L. Lewis

    Texas courts require a material and substantial change affecting your situation or your child’s life before they will revisit an order. That standard sounds broad, but in practice, it comes down to specific changes in...

    Learn More
  • Parent spending time with a child outdoors

    Child Custody

    Co-parenting during the busy Dallas school season

    By Katie L. Lewis

    As the Texas heat starts to cool, parents everywhere are getting their kids ready for another school year. Backpacks, new clothes and the quiet house during the day become top of mind. But for divorced or separated pa...

    Learn More

Ready to Talk Through Your Options?

Start with a confidential intake call and learn what the next step could look like - no pressure, no commitments.

Contact the Firm

10440 N. Central Expressway, Suite 1100
Dallas, Texas 75231