Modifying an Order

Changing custody, visitation, or child support after a final order.

1. Grounds to modify

A court may modify conservatorship or possession if the change is in the child's best interest and (1) circumstances of the child, a conservator, or another affected party have materially and substantially changed since the last order (or since a mediated settlement was signed), or (2) a child 12 or older has told the court who they want to have the primary-residence right, or (3) the parent with primary residence voluntarily gave up care for at least six months (Tex. Fam. Code § 156.101). A request filed within one year of the last order to change who has primary residence requires a supporting affidavit (Tex. Fam. Code § 156.102).

Child support may be modified if circumstances have materially and substantially changed, or if it has been three years since the order was rendered or last modified and guideline support would differ by 20% or $100 (Tex. Fam. Code § 156.401).

TexasLawHelp.org's modification forms are for agreed and default cases. Talk to a lawyer if the case is contested. County standing orders usually apply to original suits for the child-residence provisions. Check whether the court issued separate temporary orders in your modification.

Practice questions