Practice Areas

Modifications

In Texas, a parent can request that the terms of a prior final order should be modified.  However, there are only limited circumstances in which a parent can modify a child custody or visitation order that is already in place.  Such a change will be made only if it is in the best interests of the child, and:

• the circumstances of the child or parent have materially and substantially changed since the original child custody order or agreement;
• the child is at least 12 years old and has told the court in chambers that the child wants a change; or
• the custodial parent has voluntarily given the child’s care and custody to another person.

A child support obligation can be modified if the previous order has been in place for three years or more and the new monthly child support amount will differ by 20% or $100.00 or if there has been a significant change in circumstances of one of the parties.