How to update a child custody order in Texas

On Behalf of Winnie A. Bates, Attorney at Law | Sep 10, 2025 | Child Custody

You will often go through major adjustments in your life after your divorce. Although your child custody order can help enforce a stable environment for your child, it may also become a source of conflict when you or your ex-spouse experience a change of circumstance.

If you are undergoing this process and you are feeling uncertain of pursuing it — don’t be. As long as you follow the courts’ legal procedure and timeline, you can request for an update of your custody order and adjust to your new situation.

What is the legal requirement for changing custody?

The court can update a child custody order in several situations. After you file your petition for modification, the judges will begin to evaluate your case and determine whether your change of circumstances align with your child’s best interests. For your case to be considered, it must show one of the following:

• A material and substantial change in circumstances
• A change in the child’s preference (If they are at least 12 years old)
• A voluntary relinquishment of parental custody for at least six months

However, there is no specific timeline for child custody modification decisions, as they are determined by the courts on a case-to-case basis.

How can I request a change of my custody order?

To start with the process, you must file a petition for child custody modification with the court that has jurisdiction over your child. Your petition needs to highlight detailed reasons for the change that you are requesting for, as well as supporting documents that can help prove your material and substantial change in circumstances.

After this step, you must formally serve your ex-spouse with a copy of your petition. They will have an allotted period to respond and present their side of the case.

What does “material and substantial change in circumstances” mean?

The Texas family code follows a list of grounds that can justify a change of custody:

• When one parent moves to a new state
• When one parent’s family expands
• When one parent performs “parental alienation” (harms the child’s relationship with the other parent)
• When there is a change in the child’s needs (education, health or both)
• When there is a family violence conviction or a child abuse conviction
• When one parent dies

Since each case is unique, it is important to note that the court’s decision will vary on several defining factors.

By understanding the steps and legal aspects involved, you can become more prepared with your petition for child custody order modification and embrace the entire process with better ease.