Can I Change a Child Custody Order in Texas?

 Posted on May 29, 2025 in Family Law

Texas family courts recognize that your needs and your child’s needs can change after a child custody order is finalized. With good reason, you may be able to modify a custody agreement to better suit your present situation. However, the court is careful to protect your child’s best interests and requires you to meet specific qualifications before a judge will consider modifying the order. If you have questions about how Texas law applies to your case, a Marble Falls, TX custody modification attorney can offer advice based on experience.

Contested vs. Uncontested Custody Modification in Texas

Whether your custody modification is uncontested, meaning you and your co-parent agree on the proposed changes to be made, or contested, meaning you are not in agreement, will impact the process and how long it will take. Typically, everything moves more quickly with an uncontested modification. 

An uncontested suit can be finalized by a joint agreement or by default. When you and your co-parent agree on the changes you are requesting, including anything relating to legal custody, visitation, or support payments, you can both sign the modification documents. If it is finalized by default, the other parent is not involved. This is typically the result of their failure to respond after they are served with proof of your petition.

Modification is contested when one parent is not willing to sign a new order. In this case, a hearing will be set, and you must provide the co-parent with a minimum 45-day notice of the hearing. Contested cases can be much more lengthy and complex. An experienced attorney will walk you through the process.

Requirements for Custody Modification in Texas

Texas law outlines the requirements for modification, including the acceptable grounds for making changes. When parents do not agree on the modification, the parent who petitions must prove that a substantial and material change in circumstances has occurred and that changing the order would serve the child’s best interests. Examples of an acceptable change in circumstances include:

• One parent needs to relocate for a job.

• One parent becomes unemployed.

• Substance abuse is an issue.

• There has been a change in someone’s medical condition.

• Either parent gets remarried.

• One parent is abusing or neglecting the child.

If the child reaches the age of 12 and wants to change custody arrangements, the court will also consider that without the need to prove a change in circumstances. In all cases, the court’s standard for modifying custody is ensuring the child’s best interests are protected. The judge will consider the relationship each parent has with the child and the child’s current needs.

Contact a Llano County, TX Child Custody Attorney Today

If you or your co-parent has experienced a change in circumstances sufficient enough to warrant a modification of your custody order, a Marble Falls, TX child custody lawyer at Law Office of Russ Alan Baker, PLLC can help you build your case to present to the court. We understand the sensitivity of these cases and will ensure you understand your parental rights under Texas law while also prioritizing your child’s best interests. Call 325-216-2006 to schedule a consultation today and find out how we can help.