How to Modify a Custody Order in Texas

Can I change a custody order after divorce in Texas?

Yes. A custody order stays in force until a court changes it, and either parent can file a suit to modify it in the court that made it (§ 156.002). The court can change conservatorship, the primary residence, the schedule, decision rights or the geographic restriction.

The parents can also agree to a change and submit an agreed modification order. An informal agreement between parents, without a new court order, does not change the legal order, so the old terms remain enforceable.

Check your decree before filing. Many Texas orders ask the parents to try mediation or another dispute resolution method before returning to court, except in an emergency, and the court can refer a modification to mediation on its own (§ 153.0071).

What qualifies as a reason to modify child custody?

Texas Family Code § 156.101 allows a modification when it is in the child's best interest and one of these grounds is met: a material and substantial change in circumstances since the order, a child 12 or older stating a preference to the judge in chambers about the primary residence, or the primary parent voluntarily giving up the child's care to another person for at least six months.

Yes, you need proof. "Material and substantial" means a real change that affects the child, not a minor shift or a disagreement that existed when the order was signed. Examples that can qualify:

• A parent's move, especially one that makes the current schedule unworkable.
• A change in a parent's work schedule or availability.
• A child's new medical, educational or emotional needs.
• Substance abuse, family violence or a dangerous household member.
• A parent who has stopped exercising visitation or following the order.

If you ask to change the primary residence within one year of the order, you must also file an affidavit stating specific facts, such as that the child's present environment may endanger the child (§ 156.102). For safety-related grounds, see child custody.

Can a custody order be changed because of a new work schedule?

Yes, when the new schedule is a material change and a new arrangement serves the child. A move to night shifts, a rotating schedule or new travel can make the current order unworkable, and Texas law tells courts to order a schedule as similar as possible to the standard possession order in that situation (§ 153.253).

The same works in reverse. A parent whose job now allows evenings and weekends at home can ask for more time, for example the expanded standard schedule or an equal-time schedule. The court will ask whether the child benefits, so show how the new availability fits the child's school and routine. Schedule options are explained on the visitation and relocation page.

Can remarriage affect an existing custody arrangement?

It can, but remarriage or a new partner rarely changes custody by itself. The court looks at the effect on the child: a move to a new home or school, how the new spouse or partner treats the child, conflict in the household, and new siblings.

Safety changes the picture. If a new partner living in the home has a history of child abuse, neglect or family violence, Texas presumes unsupervised visitation with that parent is not in the child's best interest (§ 153.004). That can support a modification or restrictions such as supervised visits.

A stable new marriage can also help a parent's case, for example by adding a reliable adult to help with school pickups.

Can a judge change custody because one parent isn't involved?

Yes. A parent who stops seeing the child, misses most periods of possession or drops out of school and medical decisions can create a material and substantial change. The court can reduce that parent's decision rights, adjust the schedule, or name the involved parent as the one who sets the primary residence.

A court cannot force a parent to visit. The remedy is an order that reflects how the family actually functions. If the primary parent has voluntarily handed over the child's care to someone else for at least six months, that is a separate ground for modification under § 156.101.

What if the current parenting plan no longer works for our teenager?

Then it may be time to modify it. A schedule built for a young child often stops working once a teen has a job, sports, a driver's license and a social life. Those changes can amount to a material change in the child's circumstances.

A teenager's voice also counts. A child 12 or older can tell the judge in chambers which parent the child wants to have the primary residence, which is itself a ground for modification (§ 156.101), though the judge still decides by the child's best interest. Many parents work out a teen-friendly schedule in mediation rather than asking their child to speak to a judge.

How long does a child custody modification usually take?

There is no fixed timeline. An agreed modification can be finished as soon as the order is drafted, signed by both parents and approved by the court. A contested one depends on the number of disputed issues, whether temporary orders are needed, whether the court orders mediation or a custody evaluation, and the court's calendar.

The other parent must be formally served (§ 156.003), and the usual rules for a new lawsuit apply (§ 156.004). A realistic estimate for your case comes from a lawyer who has read your order and heard the facts; you can reach John B. Polk through the contact page.