To modify an existing custody order in Texas, you must prove that a material and substantial change in circumstances has occurred since the initial court order was issued. Your lawyer can file a petition to modify the existing custody and support order with the court that issued the original order. You must prove that a substantial change has occurred and that the changes you propose are in your child’s best interest.
You have a much better chance of success by working with an experienced Frisco family law and divorce lawyer. However, it’s still important to understand what a Texas court would consider when modifying the parental custody order.
Legal requirements for a custody modification case in Texas
Under the Texas Family Code, you generally cannot file a modification after one year of the prior order unless you qualify for one of several limited statutory exceptions:
- A material and substantial change has occurred since the last order was issued
- The proposed change is in the best interest of the child
Material changes in circumstances can include one child’s parent moving far enough away that the current custody situation is impractical, if one parent’s employment has significantly changed (such as becoming disabled or to the point where they cannot sustain gainful employment), or one parent’s substance abuse could risk the child’s physical well-being. A conviction for family violence, child abuse, or neglect could also be considered a reason for the change.
Note that the Texas Family Code requires a request for at least one year before the court hears a petition to change an existing order, with a few very narrow exceptions.
Exceptions to the one-year waiting period to file a modification
Generally, you cannot petition for a change in an existing court order until at least one year has passed since it was issued. However, Texas law includes several exceptions, including but not limited to:
- The parent with primary custody agrees to the change
- The parent with primary custody voluntarily relinquishes possession and care of the child for at least six months (military deployment is not considered relinquishing possession of the child)
- The child’s current living environment significantly impairs their emotional development or endangers their physical health
- The child is at least 12 years old and has stated a preference to the family law judge that they wish to live primarily with one parent (this alone may not be sufficient to change the order, but it is a consideration that a judge will weigh)
As with any child custody petition in Texas, the parent petitioning for the change must submit documentation and evidence explaining the reason for the change and how their proposed change is in the child’s best interest.
Steps to file a post-judgement modification in Texas
If possible, try to talk through the proposed changes with your child’s other parent. Mediation can help you reach an agreement, and if you do, you can submit an Agreed Order to the court. Once approved, it becomes the new custody order.
If you cannot agree or discussing the issue isn’t feasible, your next step is to file a Petition to Modify the Parent-Child Relationship. This filing explains the reasons for the requested change and outlines what you want modified.
The petitioner must formally notify the other parent by serving them with the court papers. The respondent then has until the first Monday after 20 days from service to file a response.
A judge may require mediation before setting a hearing. If mediation has already been attempted without success, the case may move straight to a hearing. The hearing works much like the original custody case; each side presents evidence, and the court reviews what is in the child’s best interest.
If the judge grants the request, the court issues an Order Modifying the Parent-Child Relationship, which replaces the prior decree and becomes enforceable in Texas.
How a lawyer can help with your post-judgement modification case
Because the grounds for changing a child custody order are so narrow, it’s important to make sure that your case is well-structured and in accordance with the Texas Family Code. Albin Oldner Law attorneys help North Texas parents structure modification cases that comply with the Texas Family Code and reflect the child’s best interest.
To discuss your situation with an experienced attorney, contact Albin Oldner Law online or call (214) 423-5100 for a consultation.
