Every order concerning child custody, child support, visitation, and possession periods, and rights and duties over a child can be changed in the future.  Under Texas law, an order for child custody or visitation can be modified if:

  • The circumstances of the child or a parent have materially and substantially changed since the original order was entered; or
  • The child is at least 12 years old and wants a change in custody; or
  • The custodial parent has voluntarily given custody over to another person.

If you are modifying on the grounds that circumstances have materially and substantially changed, you will need to show that the court that something very important has changed in our life or your child’s life that requires the current order to be modified. Some examples are drug usage by a parent, criminal convictions, job offers in another city, and acts of child abuse or neglect.

  • If a parent is trying to modify a custody order within one year of their last order, the must also prove:
  • that the child’s current environment may endanger the child’s physical health or significantly impair the child’s emotional development; or
  • that the custodial parent is seeking the modification, and the modification would be in the child’s best interests, or
  • that the custodial parent has voluntarily relinquished the custody and care of the child, and the modification would be in the child’s best interests.

As a San Antonio custody lawyer, Rebecca J. Carrillo is experienced in modifying orders and can provide practical advice about your case during a consultation.