How to Modify Conservatorship or Possession in Texas

When can you modify a Texas family court order?

You can ask a Texas court to modify a conservatorship, possession, or child support order if there has been a material and substantial change in circumstances since the order was signed (§ 156.101). The change must affect either the child or one of the parents — it must be real, significant, and not something that was anticipated when the original order was entered.

The two-year waiting period

Under § 156.101(a), if a final order was signed less than one year ago, you must file an affidavit with your Petition to Modify alleging one of the following:

• The child's present environment may endanger the child's physical health or significantly impair the child's emotional development
• The managing conservator has voluntarily relinquished primary care and possession of the child for at least six months
• The child is 12 or older and expresses a preference

What counts as a material and substantial change?

Courts have found material and substantial changes in circumstances in situations including:

• A parent relocating to another city, state, or country
• A significant change in either parent's work schedule that affects the ability to exercise possession
• A parent remarrying or cohabitating with someone who poses risks to the child
• Documented substance abuse or domestic violence by a parent
• The child developing special needs that the current order does not address
• A parent's consistent violation of the possession order over an extended period
• The child turning 12 and expressing a preference

The following are generally not sufficient on their own:

• General disagreements about parenting style or decisions
• A desire for a “better” schedule without changed circumstances
• Minor or temporary difficulties in exercising the current order

How to file a Petition to Modify

1. File in the original court — The district court that entered the original order retains jurisdiction unless the child and all parties have lived elsewhere for at least six months
2. Complete the Petition to Modify — State the material and substantial change, the current order, and the modification you are requesting
3. Attach a supporting affidavit — A sworn, notarized statement of the facts establishing the change in circumstances
4. Pay the filing fee — Varies by county; fee waivers are available if you qualify
5. Serve the other parent — Service by citation through the district clerk (see the service guide for details)
6. Await a temporary orders hearing — The court may set a temporary orders hearing while the case is pending, especially if immediate changes are needed

Modifying child support separately

Child support can be modified independently of conservatorship. Under § 156.401, a support order may be modified if:

• Three years have passed since the order was rendered or last modified, and the monthly amount would differ by at least $100 or 20% from the guidelines
• A material and substantial change in circumstances has occurred, regardless of how long ago the order was entered