Texas Law Help Question & Answer Bank

You can ask a judge to change a custody, visitation, child support or medical support order by filing a modification case.

Either parent can file a modification case.

If you are not the child’s parent, you can file a modification case if:

• You are listed as a party in the current order. or
• You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent. or
• You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died. or
• You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and: 
  • Both parents are dead. or
  • Both parents, the surviving parent or managing conservator agree. - or -   
  • The child’s present circumstances will significantly harm the child’s physical health or emotional development.

The Texas Attorney General Child Support Division can also file a modification case.

Maybe. Learn when the Texas Attorney General Child Support Division can help and how to apply for their services here: Texas Attorney General - Frequently Asked Questions about Child Support Modifications.

You must file a modification case in the Texas county where the current order was made.

If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case.

If your child has lived in another state for the last 6 months, talk with a lawyer about where to file your case. Use our Legal Help Finder tool for help finding a private lawyer or free or low-cost legal help in your area.

Yes. The modification case is filed using the same cause number as the current order. The cause number and court number should be at the top of the first page of the current order.

The person asking for the current order to be changed is the “petitioner.” This is true even if that person is listed as a “respondent” in the existing order. 

Any person listed as a party in the current order must be listed as a “respondent.”

If the Office of the Attorney General Child Support Division is listed as a party in the current order you must also list it as a “respondent.”

To change custody or visitation you must prove that the change is in your child’s best interest and that at least one of the following is true:

1. The circumstances of the child, a conservator or other person affected by the order have materially and substantially changed. or
2. The child is at least 12-years-old and tells the judge (in the judge’s chambers), who the child wants to live with. or
3. The person with primary custody has allowed someone else to have primary care and possession of the child for at least 6 months. (This does not apply if the person with primary custody is on active duty military deployment.)

Ask a lawyer to help you determine if Texas has jurisdiction to change your out-of-state order.

If you need help finding a lawyer, you can:

• Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
• Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
• Use Ask a Question to chat online with a lawyer or law student.

Ask a lawyer to help you determine if the Texas court that made your order still has jurisdiction to change your order.

If you need help finding a lawyer, you can:

• Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
• Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
• Use Ask a Question to chat online with a lawyer or law student.

When you file a court case, you must usually pay a “filing fee.” If you need to have the other parent (or other conservator) served, you must also pay an “issuance fee” and a “service fee.” These fees vary by county. Contact the district clerk’s office in the county where you plan to file your case to learn the fees. 

If you don’t have enough money to pay the fees, you can ask a judge to waive the fees by completing and filing a Statement of Inability to Afford Payment of Court Costs. Read this short article to learn more: Court Fees & Fee Waivers.

The court may change your orders to divide the increased costs fairly. Usually, the court orders the person who moved to pay the extra expenses. The court must believe any changes to the orders are best for the children.

The law specifically says that a conviction or order of deferred adjudication for family violence is a material and substantial change in circumstances that will justify a modification of custody or visitation.

Family violence may also be a material and substantial change in circumstances even if the other parent has never been arrested or convicted. If family violence has occurred, you can ask a judge to make a new order for custody and/or visitation that protects the safety and well-being of you and your children.

If you need help, call one of the organizations listed below for more information:

• National Domestic Violence Hotline, 800-799-SAFE (7233)
• Crime Victims, 888-343-4414
• Family Violence Legal Line, 800-374-HOPE (4673)

The law specifically says that a conviction or order of deferred adjudication for an offense involving abuse of a child is a material and substantial change in circumstances that will justify a modification.

Child abuse can also be a material and substantial change in circumstances even if the Respondent has never been arrested or convicted. If child abuse has occurred, you can ask a judge to make a new order for custody and visitation that protects the safety and well-being of your child.

If you need help, call one of the organizations listed below for more information:   

• National Child Abuse Hotline, 800-4-A-CHILD (422-4453)
• Crime Victims, 888-343-4414
• Family Violence Legal Line, 800-374-HOPE (4673).

Unless you meet certain legal requirements, you must wait at least a year before going back to court to change primary custody of a child. Learn more here: Child Custody Modification within a Year of Current Order.

If the parent with visitation rights is deployed, he or she may ask the court to make temporary orders to allow someone (such as a grandparent or step-parent) to take the military parent’s visitation with the child while the military parent is gone.

If the parent with visitation rights is deployed, he or she also has the right to ask the court to award make-up visits. This must be done within 90 days of the date the parent’s deployment ends. Read Texas Family Code Section 153.709.

You do not have to have a lawyer to file a modification case. But if it is a contested case, you should.

Before filing your case it’s a good idea to talk with a lawyer about your situation. A lawyer can explain your rights and options. 

If you need help finding a lawyer, you can:

• Use our Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
• Check our Legal Clinic Calendar to learn if there is an upcoming free legal clinic near you.
• Use Ask a Question to chat online with a lawyer or law student.

Filing an answer is free.

If you and your spouse don’t agree on the terms of your divorce, you may want to consider mediation. In mediation, an independent person (the mediator) will try to help you reach an agreement. The divorce process is usually easier when you have an agreement. Be sure to talk to a lawyer first. A lawyer can help you understand your options and negotiate a fair agreement. 

No. Only a judge can change a court order.

No. You must follow the existing order until a new order is signed by the judge. Talk to a lawyer if you have questions about this.

Yes. TexasLawHelp.org has toolkits with instructions and do-it-yourself forms you can use to ask for a possession order. Note: The instructions are written for uncontested cases (agreed or default). If your case is contested, it’s best to hire a lawyer or apply for help from the Texas Attorney General Child Support Division.

• Use this toolkit if you and the other parent are married and want a divorce: I need a divorce. We have minor children. The judge will make custody, possession, child support and medical support orders in your divorce.
• Use this toolkit if (1) you and the other parent are not married (or don’t want a divorce) and (2) you and the other parent have signed an Acknowledgment of Paternity: I need a SAPCR (custody) order. I am the child’s parent. The judge will make custody, possession, child support and medical support orders in the custody case.
• Use this toolkit if (1) you and the other parent are not married and (2) you and the other parent have NOT signed an Acknowledgment of Paternity: I need a paternity order. The judge will make custody, possession, child support and medical support orders in the paternity case.
• Use this toolkit if (1) you are not the child’s parent and (2) there are no court orders about the child already in place: I need a SAPCR (custody) order. I am not the child’s parent. The judge will make custody, possession, child support and medical support orders in the custody case.
• Use this toolkit if there is already an existing court order: I need to change a custody, visitation or support order. The judge can change possession/visitation orders in the modification case.

If you need help choosing the correct toolkit, use Ask a Question to chat with a law student or lawyer online.

If you need a family violence protective order call the National Domestic Violence 24 Hour Hotline at 1-800-799-SAFE (7233). They can refer you to help in your community.

Custody/conservatorship can be ordered by a judge as part of a:

• divorce case, or
• suit affecting the parent-child relationship case (SAPCR case), or
• paternity case, or
• family violence protective order case.

TexasLawHelp.org has do-it-yourself answer forms. Get the forms here: How to File an Answer in a Family Law Case.