Need to change your custody order in Texas? Learn when and how to request a child custody modification, what qualifies as a substantial change, and how Fuentez Law can help protect your child’s best interests.
Introduction
Life changes — and sometimes, your custody order needs to change too. Whether it’s a job relocation, a shift in living conditions, or concerns for your child’s safety, Texas law allows parents to request a custody modification when circumstances substantially change.
At Fuentez Law PLLC, we understand how emotional these transitions can be. Our goal is to help parents make informed, legally sound decisions that protect their child’s wellbeing and ensure stability in their lives.
When Can You Request a Custody Modification in Texas?
Under Texas Family Code §156.101, a custody modification (also called a modification of the parent-child relationship) can be requested when there’s been a “material and substantial change in circumstances.”
Common examples include:
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A parent relocating or moving out of the child’s school district
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A significant change in a parent’s job or work schedule
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Concerns about a parent’s stability, safety, or environment
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A parent’s remarriage or introduction of new family dynamics
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The child reaching age 12 and expressing a preference to live with the other parent
The key factor is whether the change impacts the child’s best interests — the guiding standard in all Texas family law cases.
The Step-by-Step Process to Modify Custody in Texas
1. File a Petition to Modify the Parent-Child Relationship
This document formally asks the court to review and change the existing order. It must be filed in the same court that issued the original custody order unless the child has moved to a new county.
2. Notify the Other Parent (Service of Process)
The other parent must be properly notified of the modification request. This ensures both parents have an opportunity to present their side.
3. Attempt Mediation or Negotiation
Texas courts often require or encourage mediation before trial. This allows parents to find a new arrangement without going through a lengthy court battle.
4. Court Hearing and Evidence Presentation
If mediation fails, both parents present evidence showing why the modification is or isn’t in the child’s best interest. Judges consider:
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Stability and environment of each household
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Emotional and physical needs of the child
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The ability of each parent to cooperate and communicate
5. Court Decision and New Custody Order
Once the judge reviews the evidence, they issue a new order reflecting what’s best for the child. This becomes legally binding immediately.
What to Avoid During a Custody Modification
Even with good intentions, some actions can harm your case. Avoid:
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Withholding visitation or child support out of frustration
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Discussing court matters in front of the child
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Ignoring court orders or deadlines
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Making accusations without evidence
Staying calm, organized, and guided by your attorney helps ensure your case remains strong and focused on your child’s needs.
How Fuentez Law Helps Families Navigate Custody Modifications
At Fuentez Law, we’ve helped countless Texas parents modify their custody orders with confidence and compassion. Our approach includes:
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Reviewing your existing order and identifying qualifying changes
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Gathering evidence to support your case
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Representing you in mediation or court
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Prioritizing your child’s best interests every step of the way
We know this process isn’t just about paperwork — it’s about your child’s stability, your peace of mind, and your future as a parent.
Schedule a Consultation Today
If your family’s circumstances have changed and your custody order no longer fits your life, don’t wait. Texas courts consider time-sensitive factors when reviewing custody cases.
Contact Fuentez Law PLLC today to schedule your consultation.
We’ll help you take the right legal steps to protect your child and your rights as a parent.
📞 Call 713-397-2278
🌐 fuentezlaw.com
📍 Serving Magnolia, The Woodlands, Conroe, and surrounding Texas communities
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