When Can Child Custody Orders Be Modified in Texas?

By Thaler Law
Child custody phrase and toy heart on house picture

In Texas, child custody arrangements are designed to serve the best interests of the child. However, as circumstances change, it may be necessary to revisit and modify these orders. 

Modifying a child custody order in Texas can be a lengthy and sometimes challenging process, but understanding when and how these changes can occur is essential for both parents.

If you're considering requesting a modification, having a child custody lawyer from our firm at Thaler Law in Georgetown, Texas, can be immensely helpful in guiding you through the legal requirements and presenting your case effectively. 

But when exactly can child custody orders be modified? Here, we'll discuss the different factors that are considered in these cases.

How Does Child Custody in Texas Work?

Before going into the circumstances under which a child custody order can be modified, it’s important to understand the basics of child custody in Texas. Child custody is officially referred to as conservatorship, which can be categorized into two types:

  • Legal conservatorship: This refers to a parent’s right to make major decisions regarding the child’s education, health care, and welfare. Parents may share joint legal conservatorship or one parent may be awarded sole legal conservatorship.

  • Physical conservatorship: This pertains to the parent with whom the child primarily resides. The parent with primary physical conservatorship has the child most of the time, while the other parent typically has visitation rights.

In most cases, Texas courts prioritize the child’s best interests when deciding on custody arrangements. 

The courts can, however, modify custody orders if there are significant changes in circumstances that warrant a reassessment of what’s best for the child. Consider reaching out to a child custody lawyer like Attorney Jessica Thaler to determine if your circumstances warrant that reassessment. 

When Can a Custody Order Be Modified?

While a custody order isn’t set in stone, the court wants to maintain stability in the child’s life, which means modifications are only granted when there’s a significant change in circumstances or when it’s clear that the current arrangement is no longer in the child’s best interests.

Some of the most common circumstances under which child custody orders can be modified in Texas including the following.

Changes in the Child’s Best Interests

In Texas, the court’s primary concern in any child custody decision is the child’s best interests. If there’s a substantial change in circumstances that could negatively impact the child’s well-being, a modification may be necessary. This could include a wide range of factors, such as:

  • The child’s age: As children grow older, their needs and desires can change. A younger child may require a different custody arrangement than a teenager, who may have a greater preference for where they want to live.

  • The child’s wishes: Depending on the child’s age, maturity, and understanding of the situation, their wishes may be taken into consideration. A child who is old enough to express their preference about which parent they want to live with might have a say in custody modifications, but it’s not the sole deciding factor.

Another common reason for modifying a child custody order in Texas is a significant change in the circumstances of one or both parents.

Significant Changes in Parental Circumstances

Because certain changes to a parent's lifestyle can disrupt their child's lifestyle as well, modifications may be made. These changes can include:

  • Relocation: If one parent moves to a new city or state, it may impact the existing custody arrangement. The parent who is moving may seek to modify the order to address issues such as visitation or decision-making authority.

  • Changes in employment or work schedule: A significant change in a parent’s work schedule, such as a new job that requires frequent travel or an unpredictable work routine, may impact the child custody arrangement. 

  • Health or disability issues: If one of the parents develops a health condition or disability that impacts their ability to care for the child, a modification may be sought. Similarly, if the child’s health needs change significantly, this could also prompt a need for modification.

The conduct of the parents is another factor that can lead to a modification of custody.

Parental Behavior or Conduct

The court may consider modifying custody orders if one parent’s behavior poses a risk to the child’s well-being. Some examples of situations that may lead to modification include:

  • Substance abuse: If one parent develops a substance abuse problem, it may affect their ability to care for the child safely. If there is evidence that the parent’s substance abuse puts the child at risk, the court may decide to change custody arrangements.

  • Domestic violence or abuse: Allegations or proof of domestic violence, whether directed at the child or the other parent, can lead to a custody modification. Texas courts take these allegations seriously and may award sole custody to the non-abusive parent to protect the child from harm.

  • Criminal activity: If a parent becomes involved in criminal activity or is incarcerated, the court may modify custody to confirm the child is placed in a stable and safe environment.

Additionally, if one parent isn't adhering to the terms of the custody order—such as refusing to allow visitation or making decisions outside of the established agreement—the other parent may petition the court to modify the order. 

Non-Compliance With the Existing Custody Order

Texas courts take these violations seriously and may modify the custody arrangement to address any issues.

Additionally, if there are concerns that one parent is using the child to manipulate or alienate the other parent (a phenomenon known as parental alienation), this may also lead to a modification of custody. 

The court’s priority is to maintain a healthy relationship between the child and both parents, so any behavior that interferes with this goal can be grounds for modification.

Modification After a Certain Period

Texas law imposes certain time frames for modifying a child custody order. Under most circumstances, a parent can request a modification only if it has been at least one year since the last order was made. This is meant to promote stability in the child’s life and prevent constant changes to the custody arrangement.

However, if there are certain urgent circumstances, such as allegations of abuse or neglect, a modification can be requested before the one-year mark with the help of a child custody lawyer. In these situations, the court may allow the modification if it's in the child’s best interest.

How to Request a Custody Modification

To request a modification of a child custody order in Texas, a parent must file a Petition to Modify with the court. This legal document outlines the changes that have occurred and explains why the modification is necessary to protect the child’s best interests.

The parent filing the petition must demonstrate that there has been a substantial change in circumstances since the original order was made. The court will consider the evidence presented by both parents and may hold a hearing to determine whether a modification is appropriate. 

The judge will ultimately make a decision based on the best interests of the child, considering all the facts and circumstances.

If you’re considering requesting a modification of a custody order in Texas, it’s highly recommended that you work with a child custody lawyer to confirm that your case is presented effectively. A lawyer can assist with drafting the petition, gathering evidence, and representing you in court.

Possible Outcomes of a Custody Modification

Once a petition for modification is filed, the court will review the case and make a determination. There are several potential outcomes, including:

  • Modification granted: If the court finds that the requested modification is in the child’s best interests, it will issue a new custody order that reflects the changes.

  • Modification denied: If the court determines that the requested modification isn't warranted or in the child’s best interests, it may deny the petition and leave the current custody arrangement in place.

  • Temporary orders: In some cases, the court may issue temporary orders while the modification case is being litigated. These orders provide a temporary solution until a final decision is made.

Working with a child custody lawyer like Attorney Jessica Thaler can make custody modifications a little easier to understand, and it can be helpful for making sure you're filing correctly.

Contact a Child Custody Lawyer Today

If you're looking to make child custody modifications, don't hesitate to reach out to Thaler Law. We serve clients in Georgtown, Williamson County, and the surrounding areas. Contact us today to schedule a consultation.