In theory, child custody orders in Texas are meant to be permanent. However, it is rare that child custody orders stay in place with no changes until children turn 18.
This is because life is naturally unpredictable. Events or situations may arise that require a change in a custody order. Sometimes a change is necessary simply because as children get older, they become involved in additional activities as they develop new interests.
Modifying by agreement
You and your co-parent are always free to agree to modify on your own. This makes the modification process quicker and easier. You may submit a proposed new custody order with the changes to a court.
A court reviews the proposed modified order and determines whether to approve it. Texas courts usually approve agreed-upon modifications except in rare situations, such as if they are extremely unfair to one parent or harmful to a child.
Modifying when there is no agreement
Texas law allows you to petition to modify a child custody at any time, but you must show that there has been a substantial change in circumstances.
Modifying a child custody order becomes complicated when parents do not agree on the modifications. The process is also longer.
After filing a modification petition, a hearing on the proposed modifications is held before a judge. In addition to proving a substantial change of circumstances that requires the modification, the parent seeking modification must prove that the proposed modification is in the child’s best interest.
What is a substantial change in circumstances?
There is no strict definition of a substantial change in circumstances. Some examples would be a job change, medical issue or proof of abuse or neglect by the other parent.
If you do not have a substantial change of circumstances, you may still file a modification petition if your child is over 12 years old and wants to change their primary caregiver. However, you must still prove the requested modification is in the child’s best interest.
