How to Modify Conservatorship or Possession in Texas

When can you modify a Texas family court order?

You can ask a Texas court to modify a conservatorship, possession, or child support order if there has been a material and substantial change in circumstances since the order was signed (§ 156.101). The change must affect either the child or one of the parents — it must be real, significant, and not something that was anticipated when the original order was entered.

Changing the primary residence within one year: the affidavit rule

Section 156.102 is not a general waiting period. It adds one extra requirement for one kind of change. If you file to change the person who has the exclusive right to designate the child's primary residence within one year after the order was rendered (or after the mediated or collaborative settlement agreement it is based on was signed, if that came first), you must attach an affidavit with supporting facts alleging at least one of the following:

• The child's present environment may endanger the child's physical health or significantly impair the child's emotional development
• The person who has the exclusive right to designate the child's primary residence is the one seeking or consenting to the change, and the change is in the child's best interest
• The person who has the exclusive right to designate the child's primary residence has voluntarily relinquished the primary care and possession of the child for at least six months, and the change is in the child's best interest

What counts as a material and substantial change?

Courts have found material and substantial changes in circumstances in situations including:

• A parent relocating to another city, state, or country
• A significant change in either parent's work schedule that affects the ability to exercise possession
• A parent remarrying or cohabitating with someone who poses risks to the child
• Documented substance abuse or domestic violence by a parent
• The child developing special needs that the current order does not address
• A parent's consistent violation of the possession order over an extended period
• The child turning 12 and expressing a preference

The following are generally not sufficient on their own:

• General disagreements about parenting style or decisions
• A desire for a “better” schedule without changed circumstances
• Minor or temporary difficulties in exercising the current order

How to file a Petition to Modify

1. File in the original court — With a few exceptions, such as a dismissal, the court that rendered the final order acquires continuing, exclusive jurisdiction over the child (§ 155.001(a) and (b)), and no other Texas court has jurisdiction except as Chapter 155, Section 103.001(b), or Chapter 262 provides (§ 155.001(c)). That court may modify its orders on conservatorship, possession and access, and child support (§ 155.003(a)), subject to the limits in § 155.003(b) through (d); for example, it may not modify managing conservatorship if Texas is no longer the child's home state. If the child has lived in another Texas county for six months or longer, a party can file a timely motion asking the court to transfer the case to that county, and the court must transfer it (§ 155.201(b)). If you are the one filing, the motion is timely only if you file it with your initial pleadings (§ 155.204(b))
2. Complete the Petition to Modify — State the material and substantial change, the current order, and the modification you are requesting
3. Attach the § 156.102 affidavit if it applies — Required only when you ask to change who designates the primary residence within one year of the order, as described above
4. Pay the filing fee — Varies by county; fee waivers are available if you qualify
5. Serve the other parent — Service by citation through the district clerk (see the service guide for details)
6. Await a temporary orders hearing — The court may set a temporary orders hearing while the case is pending, especially if immediate changes are needed

Modifying child support separately

Child support can be modified independently of conservatorship. Under § 156.401, a support order may be modified if:

• Three years have passed since the order was rendered or last modified, and the monthly amount would differ by at least $100 or 20% from the guidelines
• A material and substantial change in circumstances has occurred, regardless of how long ago the order was entered