Modifying Custody and Child Support Orders in Texas

Life changes after a divorce or custody order: parents move, jobs change, and children grow older. Texas law allows custody, visitation and child support orders to be modified when certain requirements are met.

Modifying Custody and Visitation

A court may modify conservatorship or the possession schedule if the change is in the child’s best interest and one of the legal grounds applies (Texas Family Code §156.101). The most common ground is that the circumstances of the child, a parent or another affected party have materially and substantially changed since the order was signed. Other grounds include a child 12 or older stating a preference about the primary home, or the primary parent voluntarily giving up care of the child for six months or more.

Examples of changes that may support a modification include a parent’s relocation, a significant change in work schedule, concerns about the child’s safety, or a child’s changing needs as they grow older.

Modifying Child Support

A court may modify child support if (§156.401):

The circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered; or
It has been three years since the order was rendered or last modified, and the current amount differs by either 20 percent or $100 from what the guidelines would provide now.

A change in support usually applies only from the date the other parent is served with the modification suit or appears in the case, so it is important to file promptly rather than relying on an informal agreement.

Agreed Modifications

If both parents agree on the new terms, they can submit an agreed order to the court. The judge still must approve it. Putting agreements in a signed court order protects both parents, because informal side agreements are generally not enforceable.

The Modification Process

File a petition to modify in the court that issued the original order
Serve the other parent, or obtain a signed waiver
Exchange information, such as income records for support changes
Attend mediation if required
Reach an agreed order or have the judge decide at a hearing

Modification FAQ

Can I stop paying child support if I lose my job?

No. The order stays in effect until a court changes it. File for a modification as soon as possible.

Can my child choose which parent to live with?

A child 12 or older can tell the judge their preference, and it may support a modification, but the judge still decides based on the child’s best interest.

Is there a time limit after the original order?

For some custody changes filed within one year of the order, Texas requires an additional sworn statement showing specific grounds, such as danger to the child.

Related Family Law Pages

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General information, not legal advice. Family law outcomes depend on the facts of each case, and past results do not guarantee a similar outcome.

Last updated: November 2026.