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Can I Modify a Child Custody Order in The Woodlands, Texas?

Life changes—and sometimes, your original custody order no longer fits your child’s best interests. At Fuentez Law, we help parents in The Woodlands and surrounding areas understand when and how to legally modify custody arrangements in Texas.

Whether you’re facing a major move, changes in your child’s needs, or concerns about the other parent’s behavior, you have options. Let’s break down what you need to know.


What Is a Custody Modification?

A custody modification is a legal request to change an existing court-ordered parenting plan, including:

  • Who the child lives with (primary conservator)

  • Visitation schedules

  • Decision-making rights

In Texas, this is officially referred to as a modification of the parent-child relationship.


When Can You Request a Modification?

In general, Texas law allows modifications when there has been a substantial and material change in circumstances since the last order was signed.

Common reasons include:

  • A parent is relocating (especially out of The Woodlands or Montgomery County)

  • Changes in the child’s health, school, or emotional well-being

  • A parent is not following the current court order

  • Substance abuse or domestic violence concerns

  • A child aged 12 or older expresses a preference to live with one parent


Where Do You File?

Custody modifications are typically filed in the same court that issued the original order, often the Montgomery County Family Court for families in The Woodlands.

If your child has moved to a different county or state, jurisdiction may change—this is something we help clients navigate carefully.


What Does the Court Consider?

Texas courts always prioritize the best interests of the child. Judges may evaluate:

  • Stability of both parents’ homes

  • Each parent’s ability to care for the child

  • School and community ties (like schools in The Woodlands ISD)

  • Emotional and physical health of both parents

  • Any evidence of neglect or endangerment

Can a Custody Order Be Changed Quickly?

In urgent situations, such as abuse or threats to the child’s safety, a court may issue a temporary emergency order pending a full hearing.

Otherwise, the process usually involves:

  1. Filing a petition to modify

  2. Serving the other parent

  3. Mediation (if required)

  4. Court hearing or agreement approval


Do I Need a Lawyer?

While it’s possible to file a modification on your own, working with a family law attorney in The Woodlands ensures your paperwork is accurate, your rights are protected, and your case is presented effectively.

Attorney Sandra Fuentez brings years of experience helping parents in The Woodlands and surrounding communities successfully modify custody orders in a way that protects children and supports long-term family stability.


Real Talk from Fuentez Law

“I often hear from parents who feel trapped in a custody arrangement that no longer works. My job is to give them clarity and a path forward. Whether you’re seeking more parenting time or worried about your child’s safety, you don’t have to figure it out alone.”
Sandra Fuentez, Family Law Attorney

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