Conservatorship
Changes involving parental rights, decision-making authority, or designation of the person with the right to determine the child's primary residence may require modification.
Dallas–Fort Worth Family Law Modification Attorney
The order made sense then.
Life may look different now.
Representation for modification of custody, possession and access, child support, geographic restrictions, and other existing Texas family court orders.
A family court order does not change simply because the family's circumstances changed. When the current order no longer fits the facts, the question is whether Texas law allows a modification—and what evidence supports the requested change.
A modification case asks a Texas court to change an existing family-law order because circumstances have changed. It is different from mediation, enforcement, or the original divorce or custody case because the requested relief is a new court order replacing or revising terms already in effect.
CustodyConservatorship changes
PossessionSchedules & access
Child SupportFinancial changes
RelocationGeographic restrictions
Dallas–Fort WorthServing North Texas
At a Glance
When can a Texas family court order be modified?
Texas Family Code Chapter 156 governs modification of many orders affecting children. Depending on the requested change, modification commonly requires proof that circumstances have materially and substantially changed since the prior order or agreement, along with a showing that the requested modification is in the child's best interest. Different and additional rules can apply to particular requests.
What May Need To Change
The right modification starts with the exact part of the order that no longer works.
A modification case is stronger when the requested relief is specific: a parenting schedule, a decision-making right, child support, a geographic restriction, the primary residence designation, or another clear term of the existing order.
Possession & Access
Work schedules, school, distance, a child's needs, or other changed circumstances can create a need for a different parenting-time arrangement.
Child Support
Income changes, responsibility for additional children, insurance changes, or a child living with a different parent can affect whether support should be reviewed.
Geographic Restrictions
Relocation disputes can raise questions about the child's primary residence, distance between parents, schools, support systems, and the practical effect on possession.
Safety-Related Terms
New concerns involving family violence, substance abuse, dangerous conduct, or other safety issues can affect possession, supervision, exchanges, or decision-making terms.
Medical & Dental Support
Changes in available health coverage or the child's needs can require review of medical or dental support provisions tied to an existing order.
Material & Substantial Change
“Things are different” is the beginning of the analysis—not the end.
Many modification requests turn on whether circumstances have materially and substantially changed since the earlier order or mediated or collaborative agreement. The evidence should connect the changed facts to the specific relief being requested.
01What was true when the existing order was signed?
02What has changed since then?
03How does that change affect the child or the current order?
04Why is the requested modification in the child's best interest?
What To Do Now
Four things to do before asking the court to change an order.
Start with the existing order.
Read the current language carefully and identify the exact provision that needs to change. Do not rely only on how the arrangement has operated informally.
Build a before-and-after record.
Gather records showing what circumstances existed when the order was entered and what has materially changed since then.
Document the practical impact.
Schedules, school records, medical information, income records, calendars, messages, and other neutral evidence can help show why the existing term is no longer workable.
Keep following the current order.
Unless a court changes the order or another lawful exception applies, the existing order remains controlling while a modification request is pending.
The Modification Case
Current order. Changed facts. Requested relief.
A modification case is easier to evaluate when those three pieces are separated clearly rather than treating the dispute as a general complaint about the other parent or the old order.
01 · Review The Order
Identify the controlling terms, prior findings, relevant dates, and the provisions that the requested modification would change.
02 · Prove The Change
Develop evidence of the new circumstances and when those circumstances arose after the existing order.
03 · Connect Facts To Relief
Explain how the changed circumstances support the specific custody, possession, support, or other modification being requested.
04 · Modified Order
The final order should clearly replace or revise the prior terms so the parties can understand what is required going forward.
Child Support Modification
Texas provides more than one route to review a support order.
Texas guidance provides that child support may be eligible for modification when there has been a material and substantial change in circumstances. Another statutory route may apply when the order is more than three years old and the current ordered amount differs from the guideline amount by at least 20% or $100.
01
Income has changed.
An increase or decrease in the noncustodial parent's income can be a material and substantial change relevant to support modification.
02
There are additional children to support.
Becoming legally responsible for additional children can affect the applicable support calculation.
03
Insurance coverage has changed.
A change in the child's medical-insurance circumstances can support review of the existing order.
04
The child is living with a different parent.
A significant change in the child's living arrangement can be relevant to modification, but the existing order does not automatically disappear.
Modification Strategy
Do not ask the court to fix “everything.” Identify the term that needs to change and prove why.
Modification cases can become unfocused when every disagreement since the prior order is placed into the same dispute. A stronger presentation usually identifies the operative order, the legally significant changed circumstances, the specific modification requested, and the evidence tying that change to the child's best interest or the applicable support standard.
Frequently Asked Questions
Questions about changing an existing Texas family-law order.
Can I change custody just because both parents agree?
Parents may reach an agreement, but an existing court order should be formally modified if the legal terms are changing. Informal practice does not necessarily replace the written order.
What is a material and substantial change?
The phrase is fact-specific. Depending on the issue, relevant changes can include residence, work schedules, the child's needs, safety concerns, income, insurance, or other circumstances that materially differ from those existing when the prior order was entered.
When can child support be modified?
Texas permits modification in qualifying circumstances, including a material and substantial change. The Office of the Attorney General also describes a review route when more than three years have passed and the ordered amount differs from the guideline amount by at least 20% or $100.
Can we privately agree to a new child-support amount?
An informal agreement does not change the court-ordered support amount. Texas identifies court proceedings or the Child Support Review Process as the mechanisms for changing the ordered amount.
Does filing a modification let me stop following the old order?
No. Filing a modification request does not by itself suspend the existing order. Until the order is changed, its current terms generally remain enforceable.
Confidential Consultation
What has changed since the order was signed?
Tell us what the current order requires, what circumstances are different now, and which custody, possession, support, or other term you believe needs to change.
Discuss the existing order and what changed.
A modification case turns on the current order, the changed circumstances, and the specific relief requested. Bring the most recent order and records showing what is different now.
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