When and How to Make Changes in 2025
Your marriage has ended and there are minor children in the home. You’ve worked out a child custody and visitation agreement with your ex, but circumstances have changed. Maybe you’ve changed jobs or are working a new shift that interferes with the existing visitation schedule. Maybe you’ve been offered a new job that would require you to relocate. Maybe you have health issues that require changes in your custody and visitation arrangement. When can you modify an existing custody agreement in Texas? How is that done?
When Can You Modify a Custody Arrangement in Texas?
The terms of your custody agreement are part of your divorce decree. To modify those terms, you must file a motion with the court. Generally, a court in Texas will consider the modification of an existing custody/visitation arrangement only when there has been a significant change in circumstances, such that modification of the custody arrangement is necessary to promote the child’s best interests. This typically involves one of the following situations:
- The relocation of a custodial parent
- A change in the needs of the child—The child may have medical or educational needs that require a change in custody or visitation.
- A material change in the circumstances of either parent—This may involve a job change, a health concern, a remarriage, or any other change that has a material impact on the child’s welfare or well-being.
- Evidence of abuse or neglect by either parent
In addition, a child custody order may be modified if the minor child is at least 12 years of age and expresses a desire to change custody.
How Is a Child Custody Agreement Modified in Texas?
The parents of a minor child can agree to changes to a custody agreement without the intervention of the court, but to be enforceable, the changes must be put in the form of an order from the court. Before issuing a new order, the court will review the proposed changes to ensure that there is no evidence of fraud, duress, or coercion by either parent.
In situations where the parents cannot amicably agree to a change in the child custody order, the party seeking the change must file a motion with the court to modify the existing order. The motion must clearly set forth the changes sought and state the reasons why those changes need to be made. The party seeking modification should also submit any supporting documentation to the court.
Once the motion is filed, the court will hold a hearing, taking testimony from the parties and witnesses, if necessary. It’s also likely that the court will recommend mediation as an alternative form of dispute resolution but won’t compel the parties to use it.
Contact the Proven Family Law Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we offer more than four decades of experience to parents across Texas who have questions or concerns about modifying a child custody agreement. We have a comprehensive knowledge of the law and procedures governing child custody modifications, and we will use our considerable knowledge, experience, skill, and resources to help you get the outcome you want. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
