Changing a custody or child support order after life changes

A Texas custody, visitation or child support order can be changed, but only by a new court order. For custody and possession, the change must be in the child's best interest and, in most cases, circumstances must have "materially and substantially changed" since the last order. Child support can be changed on the same kind of showing, or when three years have passed and the guideline amount now differs from the ordered amount by 20% or $100 a month.

Life kept moving after the order was signed

Orders are written for the family you were when they were signed. Then life moves. A parent takes a job in another city. A child starts high school and needs a different schedule. Income rises or falls. A new partner moves in. Sometimes the old order simply stops fitting, and sometimes it no longer keeps a child safe.

Scott Rewak is Board Certified, Family Law — Texas Board of Legal Specialization. He works with parents across Dallas, Collin, Denton and Tarrant counties on changes to custody, possession and support orders, whether the parents agree on the change or not.

Changing custody or the possession schedule

Under Tex. Fam. Code §156.101, a court may modify an order about conservatorship (what Texas calls custody) or possession and access (visitation) if the change would be in the child's best interest and, most commonly, the circumstances of the child, a parent or another affected party have materially and substantially changed since the earlier of:

• the date the existing order was rendered, or
• the date a mediated or collaborative settlement agreement the order was based on was signed.

The law lists a few other specific grounds as well. Whether your situation fits one depends on the facts.

What "material and substantial change" can look like

There is no fixed list, and the court looks at the whole picture. Situations that often lead parents to ask about a change include:

• A parent moving, or wanting to move, a significant distance.
• A change in a parent's work schedule that affects the possession schedule.
• A child's changing needs as they grow, including school, health or activities.
• A new person in a household who affects the child's well-being.
• Concerns about a child's safety, such as substance abuse or family violence.
• A parent who has stopped exercising their time with the child.

Even when circumstances have changed, the second question is always the child's best interest. A change that is easier for a parent is not the same as a change that is better for the child.

Changing who decides where the child lives, within a year

Texas sets a higher bar when someone asks, within one year of the last order, to change which parent has the right to decide where the child primarily lives. The person filing generally has to attach a sworn statement setting out specific facts that support the change, and the court reviews it before the case can go forward (Tex. Fam. Code §156.102). This rule is meant to give children some stability after an order is signed.

Changing child support

Under Tex. Fam. Code §156.401, a court may modify child support if:

• the circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered or the settlement agreement it was based on was signed, or
• it has been three years since the order was rendered or last modified, and the monthly amount under the guidelines now differs from the ordered amount by either 20% or $100.

A significant change in a parent's income, a change in where the child lives, or a change in the child's health insurance costs are common reasons. The guideline percentages and the current $11,700 monthly net resources cap are explained on the child support page.

Timing matters

A support change generally reaches only payments that come due after the other parent is served with the case or makes an appearance. Waiting can cost money on either side. A parent whose income has dropped keeps owing the full ordered amount until a court changes it, and a parent who needs more support generally can't get it for the months before filing.

Handshake agreements don't change the order

Parents often work out new arrangements informally: a different weekend schedule, a lower support payment for a few months. That cooperation can be a good sign. Still, the court order is what counts. If the informal arrangement breaks down, the written order is what a court will enforce. When both parents agree on a change, they can usually ask the court to sign an agreed modification order, which is often quicker and less costly than a contested case.

How a modification case usually goes

1. One parent files a petition to modify, usually in the court that made the existing order. A case can sometimes be transferred, for example after a child has moved.
2. The other parent is served, or signs a waiver, and files a response.
3. If something needs attention right away, a parent can ask for temporary orders while the case is pending.
4. The parents exchange information and often attend mediation.
5. The case ends with an agreed order or, if needed, a hearing or trial.

If the problem is that the other parent isn't following the order you already have, that is a different kind of case. See enforcement.

Questions people ask

Written for Scott Rewak, Board Certified, Family Law — Texas Board of Legal Specialization. Last reviewed October 1, 2026. General information, not legal advice.