When a child’s safety is at risk, Texas law provides powerful tools to help protect them—even after a custody order has already been signed. If the other parent has started using illegal drugs, been arrested, or is engaging in family violence, you may be entitled to a modification of the custody order.
Texas Law Protects the Best Interests of the Child
Under Texas Family Code §156.101, a court can modify custody (also called “conservatorship”) or possession and access if:
- There has been a material and substantial change in circumstances since the last order, and
- The modification is in the best interest of the child
Illegal drug use, arrests (especially those involving DWI, assault, or controlled substances), and any form of domestic or family violence almost always meet the standard for a material change.
Emergency Modifications May Be Available
In cases of recent or ongoing danger, you may be able to request:
- Temporary restraining orders (TROs)
- Emergency orders modifying possession or access
- Supervised visitation or even temporary suspension of the other parent’s access
The court can also order drug testing, counseling, and protective measures depending on the circumstances.
What You Should Do
Document everything—police reports, arrest records, social media posts, photos, witness statements, drug test results, etc.
Talk to a family law attorney experienced in high-conflict or safety-based custody matters
Don’t wait—delay can be used against you if the other party claims the situation wasn’t urgent
Your Child Deserves a Safe Environment
Custody orders aren’t set in stone. If your child’s other parent is creating an unsafe, unstable, or violent environment, the law gives you options to act.
If you’re worried about your child’s safety due to drug use, arrests, or violence by the other parent, contact my office immediately. We’ll help you take swift, strategic steps to protect your child. Call 956-428-2822 for a free consultation.
