Child custody arrangements aren’t always set in stone. As children grow and life circumstances change, the original court order may no longer serve the best interest of the child. Fortunately, Texas law allows for modifications to conservatorship or custody orders when certain conditions are met.
At Haugen Law Firm, P.C. we help parents throughout Denton County, Collin County, Cooke County, Dallas County, and Tarrant County navigate the legal process of modifying custody to reflect their child’s evolving needs. Below, we explain when you can request a modification, how the process works, and what to expect in court.
When Can a Child Custody Order Be Modified in Texas?
You can request a modification to a custody order when there has been a material and substantial change in circumstances or if the current arrangement is no longer working for the child or parents.
Common reasons include:
- One parent is moving far away
- A change in the child’s school, health, or needs
- One parent’s work schedule no longer aligns with the current order
- A parent is not following the current order
- Concerns about neglect, abuse, or substance use
- The child (if age 12 or older) expresses a preference to live with the other parent
Minor disagreements or lifestyle changes are usually not enough—there must be a significant and lasting change.
Can a Child Choose Which Parent to Live With?
A child who is 12 years or older can express a preference to the judge regarding which parent they wish to live with. However, this does not guarantee the judge will rule in favor of that parent. The court still must consider what’s in the best interest of the child.
The Legal Standard: Best Interest of the Child
As with all custody decisions in Texas, the court’s primary concern is the best interest of the child. Judges will evaluate:
- Emotional and physical needs of the child
- Each parent’s ability to provide a stable home
- History of parental involvement
- Any evidence of abuse, neglect, or instability
- The child’s preferences (if applicable)
How to File for a Modification in Texas
To request a modification, follow these general steps:
- File a Petition – A Suit to Modify the Parent-Child Relationship must be filed in the court that issued the original order (unless the case has been transferred).
- Serve the Other Parent – The other parent must be formally notified and given a chance to respond.
- Attend a Hearing – If both parties agree, the court may approve the modification without a trial. If not, a judge will hold a hearing to evaluate the evidence.
- Receive the New Order – If the court finds the modification is warranted and in the child’s best interest, a new custody order will be signed and enforced.
Can We Agree Outside of Court?
Yes—if both parents agree on the changes, the process is much smoother. A judge must still approve the agreement, but having a mutual plan can save time, money, and emotional stress.
Even if you and your co-parent get along, it's critical to make all changes official through the court. Informal agreements are not enforceable.
How Long Does the Process Take?
Agreed Modifications may take a few weeks to a couple of months.
Contested Modifications can take several months, depending on the complexity of the issues and the court’s schedule.
Protect Your Parental Rights with Haugen Law Firm, P.C.
Life changes, and your child custody order should reflect your family’s current reality. Whether you're seeking to modify your agreement or responding to a petition filed by the other parent, we’re here to help you navigate the process with confidence and care.
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!