Modification of Texas Orders

Life does not stand still after a divorce or custody order is entered. Children grow, parents change jobs, families relocate, and new relationships form. The Texas Family Code recognizes that court orders must be adaptable to changing circumstances and provides a legal mechanism for modification. However, modifications are not granted automatically — the requesting party must meet specific legal standards.

Under Section 156.101 of the Texas Family Code, a court may modify a conservatorship order if the modification would be in the best interests of the child and the circumstances of the child, a conservator, or another party affected by the order have materially and substantially changed since the prior order was entered. This two-part test requires both a significant change in circumstances and a showing that the proposed modification serves the child's welfare.

There are special provisions for certain situations. If a child who is at least 12 years old expresses a preference about which parent should have the right to designate the primary residence, a modification may be pursued on that basis. Additionally, if the person with the exclusive right to designate the child's primary residence has voluntarily relinquished primary care and possession for at least six months, this may constitute grounds for modification.

Child support modifications follow a similar but distinct standard. Under Section 156.401, child support may be modified if the circumstances of the child or a person affected by the order have materially and substantially changed, or if it has been three years since the last order and the monthly amount differs by either 20 percent or $100 from the amount that would be calculated under the current guidelines.

Timing matters in modification cases. Generally, a modification suit affecting conservatorship cannot be filed within one year of the prior order unless the child's present circumstances would significantly impair the child's physical health or emotional development. This waiting period prevents parents from relitigating custody disputes immediately after a final order, but it yields to serious concerns about the child's safety.