Custody Modification

Understanding Modifications

Courts enter orders for custody, visitation and support based on circumstances at the time of divorce or the last order. Over the years, parents relocate, incomes change and children’s needs evolve. When the existing order no longer works, Texas law allows a parent or conservator to file a suit to modify the order. A modification case can adjust conservatorship (also called custody), possession and access (visitation), child support, medical support and other provisions of the parent–child relationship.

Modifications ensure that court orders remain realistic and fair. Because a modification can significantly affect parental rights and a child’s stability, judges carefully evaluate whether there is a valid reason to change an existing order.

When to Seek a Modification

Common reasons parents seek to change an existing order include relocation, job changes, remarriage, health issues or a child’s changing needs. For example, a parent might need to modify visitation because a new work schedule makes the old schedule impossible. A move to another city or state could require adjusting possession and access to maintain school stability and minimize travel expenses. Significant income changes may justify modifying child support, while remarriage or the birth of a new sibling can alter household dynamics and responsibilities. Health problems, abuse or neglect also warrant immediate review.

Not every change will qualify. Courts require proof that the change meets statutory criteria and that modifying the order would be in the child’s best interests.

Legal Standards and Material Changes

Texas statutes define when a judge may change a custody or visitation order. To modify conservatorship or possession and access, a petitioner must show the proposed change is in the child’s best interests and that one of the following is true:

1. All parties agree – everyone with custodial rights consents to the modification.
   
   
2. Material and substantial change – circumstances of the child, a parent or another person affected by the order have materially and substantially changed since the prior order. Examples include convictions for child abuse or family violence, relocation causing greater expense, the death of a parent, parental alienation, new stepparents or siblings, instability in the home, or changes in a child’s age and developmental needs.
   
   
3. Child’s preference – a child aged 12 or older tells the judge privately which parent they prefer as the primary residence.
   
   
4. Relinquishment of custody – the parent with primary custody has voluntarily relinquished care of the child for at least six months (not counting military deployment).
   
   

In every case, the court applies the “best interest of the child” standard. Judges weigh factors such as the child’s safety, emotional needs, family relationships and the stability of each home environment.

Modifying Child Support

Child support orders may be modified through the Office of the Attorney General or the courts. Texas law allows a review if at least three years have passed since the last order and the monthly amount differs by 20 percent or $100 from current guidelines. A support order may also change if a material and substantial change occurs, such as a significant shift in a parent’s income, a new child, changes in medical insurance, or the child beginning to live with the other parent.

Parents may not simply agree to change support. Any adjustment must be approved through the Child Support Review Process or a court order. It is important to continue paying the existing court‑ordered amount until a new order is signed.

Process to Modify Orders

Every modification case is unique, but most follow a similar series of steps:

1. Consult an attorney – Determine whether your situation meets legal standards and plan your strategy.
   
   
2. File a petition – The moving party files a “Petition to Modify the Parent–Child Relationship” in the district court that issued the original order. If the child has lived in another Texas county for six months, you may ask to transfer the case.
   
   
3. Serve the other parent – The respondent must be formally served and allowed to respond.
   
   
4. Negotiate or mediate – Many modifications resolve through negotiation or mediation. Parents can craft flexible solutions tailored to their child’s needs and schedules.
   
   
5. Prepare for hearing – If the case is contested, gather evidence such as pay stubs, tax returns, medical records, school reports or witness testimony to demonstrate the material change. A judge will hold a hearing and decide whether to modify the order.
   
   

Modifications may be uncontested if both parents agree or the respondent defaults. Contested modifications require a final hearing and typically 45 days’ notice.

Best Practices and Tips

Successfully modifying an order requires preparation and strategy. Consider the following guidelines:

• Document your changes – Keep records of job losses, pay increases, medical bills, relocation expenses and any incidents of abuse or neglect. Documentation supports your case.
  
  
• Follow the existing order – Continue to comply with the current order until a new one is signed. Unilateral changes can harm your case and lead to enforcement actions.
  
  
• Communicate respectfully – Calm, respectful communication with the other parent may lead to agreement and avoid costly litigation.
  
  
• Plan early – Petition for modification as soon as circumstances change. Waiting too long could weaken your argument.
  
  
• Seek professional help – Lawyers, mediators and financial professionals can help you prepare evidence, evaluate your options and negotiate effectively.
  
  

Working with Our Team

At Hennan Culp, PLLC, our Austin attorneys are experienced in handling modification suits. We assess whether your circumstances meet the statutory requirements, help you decide whether negotiation or litigation is appropriate, and prepare a compelling petition backed by evidence. We represent clients in uncontested and contested cases, working to secure modifications that protect your children and reflect your family’s evolving needs. Our approach combines local knowledge of Travis County and Central Texas courts with compassionate guidance and strong advocacy.

Taking the Next Step

If your family’s circumstances have changed and your current orders no longer serve your children’s best interests, it may be time to modify them. Contact our Austin family law firm to discuss your situation with an experienced attorney. We will evaluate your case, advise you on whether you meet the legal standards for modification, and guide you through the process of petitioning, negotiating and, if needed, litigating to secure fair, enforceable orders that support your children’s well‑being.

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