When and How Can You Change Child Custody in Texas?

 Posted on June 05, 2025 in Child custody

As of June 2025, Texas family law still requires a parent to meet certain legal thresholds before the court will approve a change to a child custody order. Whether you want more parenting time, to change who your child lives with, or are hoping for improvements in the other parent's behavior, Texas law provides a path for modifying custody — but not just because you feel circumstances have changed. A Texas family law attorney can help you determine if your situation meets the legal requirements for a modification and any other child custody issues that come up.

When Can You Legally Ask the Court to Change a Custody Order in Texas?

Under the Texas Family Code Section 156.101, a parent can ask for a change to the existing custody arrangement if:

• The circumstances of the child, a conservator, or another party have materially and substantially changed since the current order was signed.

• The child is at least 12 years old and has expressed to the court or a judge a preference to live with a different parent.

• The person with primary custody voluntarily gives up possession of the child to another person for at least six months (not including temporary military duty)

Each of these has legal significance, but the most common reason for a modification request is a material and substantial change in circumstances.

What Counts as a "Material and Substantial Change in Circumstances"?

Texas courts have not created a strict list of qualifying changes. Instead, judges examine each case based on the facts. Common examples include:

• One parent relocates or plans to move far away

• A parent’s work schedule significantly changes

• There is evidence of drug use, abuse, or unsafe behavior

• The child develops health, educational, or behavioral needs that are not being met

• A parent is consistently interfering with visitation

The change must be serious enough to affect the child's well-being or the parenting plan that was originally approved.

How Do You Request a Child Custody Modification in Hurst, TX?

To begin, you file a petition to modify the parent-child relationship in the Texas county where the current order was issued. You will need to serve the other parent and prepare to explain in detail what has changed and why a new arrangement would be in the child’s best interest.

If both parents agree to the change, the court may approve a new order fairly quickly. But if one parent contests the modification, the case may go to a hearing or trial. At that point, you will need evidence. You might use school or medical records, witness testimony, parenting schedules, or anything that supports your position.

What Is the Role of the Court in a Texas Custody Modification?

The court’s main focus will always be the best interest of the child, as outlined in Texas Family Code Section 153.002. Even if you prove a material and substantial change, you still must show that the requested change will benefit the child. The court may also appoint an amicus attorney or guardian ad litem to investigate and report on the child’s needs.

Judges in Tarrant County and surrounding areas take these requests seriously, and you should expect them to look closely at your motivations, history, and parental involvement.

Contact a Tarrant County, TX Child Custody Attorney

A Hurst, TX Board-Certified family law attorney can evaluate your situation, explain your rights, and help you prepare a compelling case for modification. Contact Daniel R. Bacalis, P.C. today at 817-498-4105 to schedule a free consultation and learn how the law applies to your case.