Texas Child Custody Modification and Child Support Changes
A Texas child custody modification is a new court order that changes conservatorship, the possession schedule or child support set by an earlier order. This page covers the grounds in Texas Family Code chapter 156, the one-year rule, the three-year support review, and how a modification case moves through court.
What is a modification of a Texas family court order?
A modification in Texas is a lawsuit asking the court that issued an existing custody, visitation or child support order to change it from now on. Under Texas Family Code § 156.001, only the court with continuing, exclusive jurisdiction can make the change. That phrase means the one court that keeps authority over the child after the first final order.
- Who may file: a party affected by the order, or another person with standing under chapter 102 of the Family Code (§ 156.002).
- Notice: every party whose rights may be affected must be formally served with citation (§ 156.003).
- Where: the case starts in the court that holds jurisdiction. If the child now lives in another county, a party may ask to transfer it; the Areas We Serve page explains venue and transfer.
When can a Texas child custody modification be granted?
A Texas child custody modification requires two things under § 156.101: the change must be in the child's best interest, and the case must fit one of three grounds. Custody here means conservatorship, the Texas word for parental rights and duties, and possession and access, the schedule for time with the child.
A material and substantial change
The circumstances of the child, a conservator or another affected party have changed in a significant way since the order was rendered or since a mediated or collaborative settlement was signed.
The child's stated preference
A child 12 or older has told the judge in chambers which parent the child wants to have the right to designate the primary residence. The judge still decides what serves the child.
Primary care given up
The parent who designates the primary residence has voluntarily handed over primary care and possession of the child to someone else for at least six months.
Military duty alone is not enough
Under § 156.105, a parent's deployment, mobilization or temporary military duty is not by itself a material and substantial change for changing possession terms.
A primary residence change within one year needs a sworn affidavit
A request to change who designates the child's primary residence, filed within one year, must include a sworn affidavit under § 156.102. The year runs from the earlier of the date the order was rendered or the date a mediated or collaborative settlement was signed. The affidavit must set out facts supporting one of these:
- The child's present environment may endanger the child's physical health or significantly impair the child's emotional development.
- The parent who now designates the residence agrees to or asks for the change, and it is in the child's best interest.
- That parent has voluntarily given up primary care and possession for at least six months, and the change is in the child's best interest.
If the affidavit does not state adequate facts, the court denies the request without a hearing. A similar limit applies while any modification case is pending: under § 156.006(b), a temporary order generally cannot change the primary residence unless the child's present circumstances would significantly impair the child's physical health or emotional development, primary care was given up for more than six months, or a child 12 or older has stated a preference in chambers.
When can child support be modified in Texas?
Child support in Texas can be modified on either of two grounds in Texas Family Code § 156.401: a material and substantial change at any time, or a three-year review showing that the current amount is well off the guidelines. A new amount applies only to payments due after the other parent is served or appears in the case.
| Ground | When it is available | What has to be shown |
|---|---|---|
| Changed circumstances | Any time | A material and substantial change for the child or a person affected by the order since it was rendered or the settlement was signed |
| Three-year review | Three years or more after the order was rendered or last modified | The ordered monthly amount differs from the guideline amount by 20 percent or $100 |
- If the parents agreed to an amount that differs from the guidelines, only the changed-circumstances ground is available, under § 156.401(a-1).
- Extra support a parent paid voluntarily is not, by itself, a reason to raise the ordered amount (§ 156.403).
- Growth in the receiving parent's needs, standard of living or lifestyle does not, by itself, justify an increase (§ 156.405).
The child support page explains how the guideline amount is calculated.
How does a modification case work in Texas?
A Texas modification case starts with a petition filed in the court that issued the existing order and ends with a new signed order, either agreed by the parents or decided by the judge. Most cases follow the same basic path, though timing depends on the court and on whether the parents can agree.
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Read the current order
Start with the most recent signed order and the court that issued it. That order, not an informal arrangement, sets the current rules.
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File a petition to modify
The petition names what should change and the chapter 156 ground that supports the change.
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Serve the other parent
The other parent receives formal notice under § 156.003, unless that parent waives service or files an answer.
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Temporary orders, if needed
Section 156.006 lets the court set temporary terms while the case is pending, within the limits on changing primary residence.
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Mediation or agreement
The family courts in Montgomery, Harris, Fort Bend and Waller Counties require the parties to try mediation before a final hearing unless the court excuses it. Texas Family Code § 153.0071(f) limits court-ordered mediation when there is a history of family violence and a party objects. The courts page covers Montgomery County practice.
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Final hearing and new order
Without an agreement, the judge hears the evidence and decides. The signed modification order replaces the terms it changes.
Modification changes an order; enforcement makes a parent follow it
A modification changes what an order will require from now on, while enforcement asks the court to make a parent comply with the order that already exists. Enforcement of possession and child support is governed by Texas Family Code chapter 157.
- The child custody page explains conservatorship and the possession schedule a modification may change.
- The child support page explains guideline support and enforcement.
- The Texas family law guide shows how custody, support and property issues fit together.
- For local detail, see the Conroe family law attorney page.
Texas child custody modification: common questions
How soon after a custody order can I ask to change it?
A Texas parent can file to modify at any time if a ground in Family Code § 156.101 exists. A request to change who designates the primary residence within one year of the order also needs a sworn affidavit under § 156.102. Without adequate facts in that affidavit, the court denies the request without a hearing.
Can my child decide which parent to live with in Texas?
No, but a child's wishes can matter. Under § 156.101(a)(2), a child 12 or older who tells the judge in chambers which parent the child prefers gives the court a ground to consider a change. The judge still decides based on the child's best interest.
How much does income have to change before child support can be modified?
Texas sets no fixed dollar figure for the changed-circumstances ground; the change must be material and substantial. Under the three-year ground in § 156.401(a)(2), the ordered amount must differ from the guideline amount by 20 percent or $100 a month.
Can parents agree to change the order without going to court?
Parents can agree on new terms, but the court order stays in force until the court signs a new one. Until then, a court enforces the order as written. A parent who follows an informal side agreement instead of the order can face an enforcement case, and child support is still owed at the amount in the order. An agreed modification can be submitted to the court for approval.
Does a Texas child custody modification also change child support?
Not automatically. Custody and support are separate parts of the order, so a parent who wants both changed should ask for both in the same modification suit. A change in where the child lives is often raised as a material and substantial change for support under § 156.401.
Last reviewed: November 8, 2026. This page explains general Texas law. It is not legal advice about any particular case.
Thinking about changing an order?
Jessica Fritz can review your current order and explain which chapter 156 grounds may apply to a Texas child custody modification or a support change.
Meet your attorney
Jessica Fritz, family law attorney in Conroe, Texas
Every case at Fritz Law Firm, PLLC is handled by one lawyer, Jessica Fritz, working with the firm's staff. There are no associates, so your case is not handed off to someone you have never met.
Jessica Fritz gives clients straight answers about Texas family law, a frank view of where their case stands, and a clear next step.
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Ready to talk through your family law case? The office sits across the street from the Montgomery County Courthouse in Conroe. Most of the firm's cases are in Montgomery County, with steady work in Harris, Fort Bend and Waller Counties too.
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