Modification

In Texas, a modification case for child custody (conservatorship), visitation (possession and access), or child support involves requesting the court to change an existing order.

1) Reasons for Modification

A parent relocates (especially far away or out of state).
A parent becomes unfit due to issues like substance abuse or criminal activity.
A change in the child’s needs (e.g., medical, educational, or emotional).
A parent is not following the existing court order.
A change in the financial circumstances of either parent (for child support modifications).
The child is at least 12 years old and expresses a preference for a custodial change (for custody modifications).

2) Who Can Request a Modification?

Either parent.
A non-parent who has had significant custody rights.
The Office of the Attorney General (if child support is involved).

3) Filing the Modification Case

The request is filed in the same court that issued the original order, unless the child has moved to another county and has lived there for at least six months.
The petitioner (the person requesting the change) must serve the other parent with legal notice.

4) Court Hearing & Mediation

If both parties agree, the modification can be approved without a hearing.
If the parties disagree, a judge will decide based on evidence and testimony.
Mediation may be required before going to trial.

5) Child Support Modification Rules

A parent can request a review if three years have passed since the last order, and the child support amount would change by 20% or $100 under current guidelines.
If a major life change occurs (like job loss or a significant increase in income), a review can happen sooner.