How to Modify Custody or Child Support Orders in Texas
Life changes — and when it does, your existing child custody or support order may no longer fit your family’s needs. Whether you’ve changed jobs, moved, or your child’s situation has evolved, Texas law allows parents to request a modification of custody or child support orders. Understanding when and how to modify a child custody order in Texas can help you take the right steps to protect your rights and your child’s best interests.
When Can a Custody or Support Order Be Modified?
Texas courts don’t allow custody or support orders to be changed on a whim. To qualify for a modification, there must be a material and substantial change in circumstances since the last order was issued. Examples include:
- One parent relocating or moving a significant distance
- A change in a parent’s employment, income, or health
- Changes in the child’s needs, education, or medical situation
- Concerns about the child’s safety or well-being
- One parent failing to follow the current custody or visitation schedule
If your child is at least 12 years old, their preference about where they want to live can also be considered by the court as part of the modification process.
Types of Custody Modifications in Texas
Custody modifications generally fall into two categories:
- Conservatorship Modifications: These involve changing who makes important decisions about the child’s upbringing, such as education, healthcare, or residence.
- Possession and Access Modifications: These focus on when each parent spends time with the child — for example, adjusting weekend visitation or summer schedules.
Even small changes to custody arrangements must be approved by a judge before they become legally binding. Until that happens, the existing court order remains in effect.
Modifying Child Support Orders in Texas
Child support can also be modified when there’s been a substantial change in circumstances. The most common reasons include:
- Significant change in a parent’s income
- Change in custody or visitation that affects support needs
- Increased medical or educational expenses for the child
- Three years have passed since the last order and the amount differs by 20% or $100 from current Texas guidelines
If both parents agree to the change, they can submit a modification agreement to the court for approval. If not, a formal hearing will be required.
The Process for Modifying Custody or Support Orders
Here’s a general overview of how the modification process works in Texas:
- File a Petition: The parent seeking the modification must file a Petition to Modify the Parent-Child Relationship in the same court that issued the original order.
- Serve the Other Parent: The other parent must be officially served with notice of the request for modification unless they voluntarily agree to the change.
- Attend Mediation or a Hearing: Courts often require parents to attempt mediation before scheduling a hearing. If no agreement is reached, the case will proceed to court.
- Judge’s Review: The court will determine whether a material and substantial change has occurred and whether the proposed modification serves the child’s best interests.
Each case is unique, and the outcome often depends on the specific facts and how well they’re presented to the court. That’s why having an experienced family law attorney on your side can make a significant difference.
Why Legal Representation Matters
Even if both parents have good intentions, misunderstandings about custody law can cause unnecessary conflict. Working with a knowledgeable attorney like Matthew Gilbert ensures that your modification request is properly filed, supported by evidence, and in line with Texas Family Code requirements.
Attorney Gilbert has extensive experience helping families in San Antonio, Boerne, and surrounding communities resolve custody and child support issues efficiently and respectfully. His goal is to help you reach solutions that work for your family today and in the years ahead.
Get Help Modifying a Custody or Support Order in Texas
If your circumstances have changed and your current custody or support order no longer fits your family’s needs, Gilbert Law Office can help. Attorney Matthew Gilbert is a veteran and experienced family law attorney who provides straightforward guidance through every step of the modification process.
Contact Gilbert Law Office today for help modifying a custody or support order in Bexar or Kendall County and take the next step toward stability for your family.