Frisco Child Custody Modification Lawyer

Family Law

“The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case.”

- A. Hailey

Trusted advisers in child advocacy

Your child’s best interest is at the heart of any modification request, and the court prioritizes what will support your child’s well-being, stability, and happiness. Before you file, talking to a Frisco family law attorney at Albin Oldner Law is a good idea. We can help you understand your options and the likelihood of success based on your circumstances and guide you through the process with compassion and expertise.

Who can file a child custody modification in Frisco, TX?

Many people find themselves in situations where the original custody agreement just doesn’t fit anymore. Here’s who can ask for a change.

Parents

Either mom or dad can ask for a change in custody if they believe it’s better for the child. Life brings many changes, like new jobs, moving houses, or changes in health, which might make the current setup less than ideal for the child.

Guardians or conservators

If someone else has legal rights over the child, like a guardian or someone named in the custody order, they can also request a change if they think it’s needed for the child’s sake.

Other family members

Sometimes, people who aren’t the child’s parents but care a lot about them and have been involved in their lives, like grandparents or step-parents, might be able to ask for custody changes. They need to show that the child’s current living situation might not be the best for their health or emotional growth.

The child themselves

If a child is 12 or older, they can share with the court if they’d prefer to live with one parent. While the court will listen, they’ll also examine the whole picture to decide what’s best for the child.

Changing custody is about ensuring the child is in the best possible situation. If life has thrown some curveballs that make you think a change is needed, gathering evidence and being ready to show why this change is better for the child is key. Remember, the court’s main goal is to keep the child safe and happy.

Under what circumstances may I file an action to modify child custody or visitation?

Here are some circumstances when you can file for a modification.

One parent's relocation
The child’s preferences, if they’re 12 or older
Significant changes in circumstances, like a big move or a job change that affects your schedule
Voluntary relinquishment (one parent voluntarily gives up custody or care of the child to the other parent for at least 6 months – this excludes military deployment)
Improvement in circumstances – If a parent has made significant improvements with issues that made them less capable of caring for the child, such as substance abuse or unstable living conditions, they may request a modification to increase their visitation time or change custody
Immediate child endangerment – If you believe your child is in immediate danger or is not being properly cared for—due to abuse, neglect, or exposure to inappropriate activities, including illegal drug use—you can file for an emergency modification. Protecting your child is the court's top priority.

Please note, this is not a full list.

[Frisco ISD – If a child is in immediate danger, call 911 or your local police. Then call the Texas Abuse Hotline at 800.252.5400 to make a report. The Texas Abuse Hotline is open 24/7/365. (Report via the online reporting system for non-urgent situations only. A non-urgent situation means that intervention is not needed within 24 hours.]

Where does a parent file a child custody modification case?

If you’re in Frisco, Texas, and must file a child custody modification case, you’ll generally start at the court that issued the original custody order. This is likely to be one of the courts in Collin County or Denton County, depending on your exact location in Frisco.

Here are a few methods and considerations for filing a child modification order.

Original court – File the modification case in the court that handled your initial custody agreement. This could be in the 366th District Court, 380th District Court, or another court within Collin County or Denton County that first issued the custody order. These courts maintain continuing, exclusive jurisdiction over your case.
Transferring jurisdiction – To transfer jurisdiction to a different court, perhaps closer to the child’s new primary residence, you’ll initially need to file a request in the original court. The transfer process involves proving the child’s primary residence has changed and the new venue is more convenient or appropriate for the case.

If the child has moved from one part of Frisco to another that crosses county lines, filing a modification order may mean moving from a Collin County court to a Denton County one.

Work with a Board-certified child custody modification lawyer

Working with a Board-certified child custody modification lawyer, especially one specializing in family law, provides several distinct advantages when navigating the complexities of modifying a child custody agreement. Board certification indicates a high level of proficiency and experience in family law, as recognized by the Texas Board of Legal Specialization.

Here’s how our expertise at Albin Oldner Law can benefit you:

What happens if my child custody order is from a court outside of Texas?

If your original custody order was made in a different state but the child now lives in Frisco, Texas, you’ll first need to have that order registered by a Texas court—a process known as domestication. Once the order is domesticated, you can file for modification in a court in Collin or Denton County, depending on where in Frisco you reside.

Do you need to modify a custody order? We can help.

Any modification aims to meet the child’s best interests, and the court will always prioritize this. A skilled Frisco family law attorney with Albin Oldner Law can help you navigate this process effectively, advocating for a custody arrangement that best supports your child’s needs and well-being.

Frequently asked questions about custody order modifications in Frisco

I’m worried the custodial parent will try to move our child far away or out of state. Is there anything I can do?

If your current order doesn’t have a restriction on where your child can live, you can request a modification, including asking the judge to put a geographic restriction in place to prevent such a move.

A nonparent (e.g., grandparent) is caring for my child temporarily. Do I need to modify the order so they can take my child to the doctor, enroll them in school, etc.?

For short-term situations, you can use temporary authorization for the care of minor children. This lets the nonparent handle certain tasks without changing your custody order. However, if there’s already a court order in place, you’ll need the court’s okay to grant this temporary authorization. For more details, check out: Going to Court to Get Temporary Authorization to Care for a Child. If the other parent is on board and you can contact them, there’s helpful info here: Authorization for Nonparent Care of a Child.

There’s even a form called the Authorization Agreement for Voluntary Adult Caregiver, that you can fill out.

Call our modification lawyers in Frisco at (214) 423-5100 or contact us online

The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case.

- A. Hailey

Should I ever require the need for representation with any future actions, should they occur; I would not hesitate to call upon Albin Oldner.

- M.C.

Todd and his team have taken care of all our business and litigation needs for years. I wouldn’t trust any other firm to provide the same level of service and counsel.

- Matt Lafata