Texas law, explained
The short answer
Yes, a Texas custody order can be changed after divorce. Under Texas Family Code § 156.101, a court may modify custody or visitation if the change is in the child's best interest and circumstances have materially and substantially changed, a child 12 or older has told the judge which parent should set the primary residence, or the primary parent has given up the child's care for at least six months. An order the other parent ignores can be enforced under Chapter 157. John B. Polk handles both in Dallas.
When Texas law allows a custody modification
A court can modify conservatorship, possession or access when the change would be in the child's best interest and one of three grounds is proved (Texas Family Code § 156.101):
- The circumstances of the child, a parent or another affected party have materially and substantially changed since the order was signed, or since the mediated or collaborative settlement it is based on was signed.
- The child is at least 12 and has told the judge in chambers which parent the child prefers to have the right to designate the primary residence.
- The parent with the right to designate the primary residence has voluntarily given up the child's primary care and possession to someone else for at least six months.
Proof matters. The parent asking for the change has to show what is different and why the new arrangement serves the child. Common examples of a material change include a move, a parent's new work schedule, a child's changing needs, a parent who stopped exercising visitation, or a new household member who poses a risk.
Enforcing a custody order your ex will not follow
A custody or visitation order is enforced by filing a motion for enforcement in the court that made it (§ 157.001). The motion lists the provision violated, the dates, and what the other parent did or failed to do.
- Contempt: the court can hold the violating parent in contempt, which can mean fines or jail.
- Make-up time: unless there is good cause not to, the court must order additional periods of possession to compensate for time denied, of the same type and length, within two years (§ 157.168).
- Fees: if the court finds a parent failed to follow the possession order, it must order that parent to pay the other parent's reasonable attorney's fees and costs, unless it waives them for good cause; no waiver is allowed for a parent already held in contempt three or more times for denying possession (§ 157.167).
- Return of the child: a writ of habeas corpus can compel the return of a child kept in violation of an order (§ 157.372).
Visitation and child support are separate. A parent may not withhold the child because support is unpaid, and a court may not condition visitation on payment of support (§ 153.001). See child support.
Emergency changes when a child is not safe
Yes, you can ask for emergency relief. If a child is in immediate danger, call 911 first. Then a lawyer can ask the court for temporary orders while a modification is pending (§ 156.006), and where there has been family violence, for a protective order.
To change the primary residence on a temporary basis, the parent generally must show the child's present circumstances would significantly impair the child's physical health or emotional development, supported by a sworn affidavit with specific facts (§ 156.006). Concrete facts such as police reports, medical records, CPS involvement or a household member's history of abuse carry weight; general worries do not.
Texas also presumes that unsupervised visitation is not in the child's best interest when there is credible evidence of a history of abuse, neglect or family violence by a parent or by someone living in that parent's household (§ 153.004). More on safety issues on the child custody page.
Modifying custody without a trial
Yes, most modifications can be resolved without a trial. If both parents agree, they can sign an agreed modification order for the judge to approve. If they disagree, they can negotiate through lawyers or mediate.
No statute requires mediation before every modification, but the court can order it (§ 153.0071), and many Texas decrees require the parents to try mediation or another dispute resolution method before going back to court, except in an emergency. A parent who has suffered family violence can object to mediation. A signed mediated settlement agreement that meets the statute is binding. John mediates family cases and can explain the process; see mediation.
For ongoing schedule disputes, a parenting facilitator can often settle the problem in one or two Zoom meetings, without a new lawsuit.
What drives the cost and length of a modification
The cost and length of a custody modification depend mostly on whether the parents agree. An agreed change can move quickly once the order is drafted and approved. A contested case adds temporary orders hearings, discovery, possibly a custody evaluation or an attorney for the child, mediation, and trial preparation.
- How many issues are in dispute: schedule only, or primary residence and decision rights.
- Whether there are safety allegations that need evidence or an evaluation.
- The court's calendar and whether temporary orders are needed.
- Whether the other parent has a lawyer and is willing to negotiate.
Two rules shift costs. A court must order fees against a party who files a frivolous or harassing modification (§ 156.005), and in enforcement the violating parent usually pays the other side's fees (§ 157.167). John gives a real estimate at a consultation after hearing the facts. See consultations and fees.
What happens when you hire John
- 1
Review the current order
John reads your existing order and the history since it was signed. He tells you whether Texas law supports a modification, an enforcement action or both.
- 2
Gather proof
You collect the records that show the change or the violations: calendars, messages, school and medical records. John identifies what else the court will need.
- 3
Try to resolve it
John negotiates with the other parent or their lawyer, or takes the case to mediation. Many disputes end in an agreed order.
- 4
File and present the case
If agreement fails, John files the modification or enforcement motion, asks for temporary orders when needed, and presents the case to the court.
CPiQ, from John and Emily Polk
Messages between co-parents, without the next fight.
Paste a message before you send it. CPiQ, built on parenting-facilitation methods, suggests a calmer, child-focused version. Twenty short lessons help the change stick.
I retained John to help me with my child custody issues. John’s ability to work patiently with me and professionally with opposing counsel in combination with his expert subject matter knowledge directly led to a very favorable outcome for me. If I were ever to need an attorney, I would definitely work with John or an attorney he would recommend.
Questions people ask
Do I need a lawyer to change our visitation schedule?
No, Texas does not require one, and TexasLawHelp.org offers forms for some agreed modifications. A lawyer helps most when the other parent does not agree, when the change affects primary residence or child support, or when the wording must be precise enough to enforce later. A vague order is a common source of future disputes.
Who can help with a difficult custody modification in Dallas?
Look for a Dallas family lawyer who handles contested custody cases regularly, prepares for trial and knows how to settle in mediation. John B. Polk has practiced family law in Dallas for more than 25 years, represents mothers and fathers, and also works as a mediator and parenting facilitator. You can reach him through the contact page.
Can a custody order be changed because of a new work schedule?
Yes, if the new schedule is a material and substantial change and the new arrangement serves the child. A night-shift job, a rotating schedule or new travel can make the current order unworkable. Courts try to keep the new schedule as close to the standard possession order as the work schedule allows.
Can I request more parenting time if my work situation improves?
Yes. A job that frees your evenings or ends your travel can be a material change that supports more time, such as moving from the standard schedule to an expanded or equal-time schedule. The court asks whether the change serves the child, not only whether it is fair to you.
Can remarriage affect an existing custody arrangement?
It can, but remarriage alone rarely justifies a change. The court looks at how the new marriage affects the child: a move, a new stepparent's role, new siblings, or conflict in the home. A stable new household can also support a parent's request.
What happens if my ex moves in with a new partner?
Usually nothing changes unless the new partner affects the child's safety or well-being. If the partner has a history of abuse, neglect or family violence, Texas presumes unsupervised visitation in that home is not in the child's best interest (§ 153.004), which can support a modification. Document facts, not suspicions.
Can a judge change custody because one parent isn't involved?
Yes. A parent who stops exercising visitation or stops taking part in the child's life can create a material change that supports reducing that parent's rights or time. If the primary parent has handed over the child's care to someone else for at least six months, that is its own ground for modification (§ 156.101).
What if the current parenting plan no longer works for our teenager?
Teenagers' school, jobs, sports and driving often make a plan built for a young child unworkable, which can support a modification. A child 12 or older can also tell the judge in chambers which parent the child wants to have the primary residence, which is a separate ground under § 156.101. Many families agree to a teen-friendly schedule in mediation.
What happens if my ex keeps the children longer than allowed?
Keeping a child past the end of a period of possession violates the order. You can file a motion for enforcement for contempt and make-up time, and if the child is not returned, a writ of habeas corpus asks the court to order the child's return (§ 157.372). Keep a record of each late or missed return.
What if my ex moved without telling me?
Texas custody orders require notice of an address change, usually 60 days before the move (§ 105.006), so a move without notice is a violation you can enforce. If the child was moved outside a geographic restriction, you can ask the court to enforce it and to modify the order. The Texas court that made the order generally keeps jurisdiction; see interstate and foreign orders.
Can a parent lose custody for repeatedly violating court orders?
Yes. A pattern of violations can support a modification, and since September 1, 2025, a contempt finding for denying possession, when the parent has been held in contempt at least three times before, is by law a material and substantial change (§ 156.107). In that situation, make-up time must also total twice the time denied (§ 157.168).
Guides on this topic
ChildrenHow to Modify a Custody Order in TexasThe three legal grounds for changing custody in Texas, what counts as a material change, and how work schedules, new partners and teenagers affect a request.
ChildrenHow to Enforce a Custody Order in TexasMotions for enforcement, contempt, make-up time, habeas corpus, informal schedule changes and old violations: how Texas enforces custody and visitation orders.