Legally reviewed by Ricardo A. Barrera · October 26, 2026
A custody order was written for your family as it was on the day the judge signed it. Children grow, parents move, jobs change, and a schedule that once worked can start causing missed exchanges, school problems, or constant conflict. Texas law allows parents to ask the court to change an existing order when circumstances have changed and the change is in the child’s best interest.
The Barrera Law Firm helps parents understand whether a modification makes sense, what the process looks like, and how to reach a workable result. Many modifications can be resolved by agreement or through mediation. When they can’t, we prepare you for court. Learn more about child custody in Texas.
In Texas, what people commonly call custody is addressed through conservatorship, possession, and access.
Covers the parents’ rights and responsibilities in making decisions for the child. Unless the order limits them, a parent conservator also has rights such as access to the child’s school and medical records, consulting with the child’s doctors and school officials, and attending school activities (Texas Family Code Section 153.073).
Generally refers to the periods when a parent has the child in their care, such as weekends, holidays, or summer visits.
Refers to a parent’s contact with the child outside periods of possession. Phone, video, or other electronic contact depends on the terms of the applicable order.
Together, possession and access cover much of what people commonly mean by visitation.
Who makes decisions about the child’s education, medical care, and other major issues, and whether those rights are shared or held by one parent.
Which parent has the right to decide where the child lives, and any geographic restriction on that residence.
When each parent has time with the child, including weekends, weekdays, holidays, summer periods, exchanges, and any provisions for other contact with the child. Schedules often need updating when a parent’s work hours change or a child starts a new school.
When a parent needs to move, the schedule, travel arrangements, and geographic restriction may all need to change.
When custody changes, child support may also need to be reviewed in the same case so the order matches the new arrangement.
Under Texas Family Code Section 156.101, a court may modify custody, possession, or access if the change is in the child’s best interest and at least one of these is true:
The circumstances of the child, a conservator, or another party affected by the order have materially and substantially changed since the earlier of the date the order was rendered or the date a mediated or collaborative law settlement agreement on which the order is based was signed.
The child is at least 12 years old and has told the judge, in chambers, which parent they prefer to have the right to designate their primary residence.
The conservator with the exclusive right to designate the child’s primary residence has voluntarily relinquished the primary care and possession of the child to another person for at least six months. (This does not apply when that conservator temporarily relinquished care during military deployment, military mobilization, or temporary military duty.)
A suit to change which parent has the exclusive right to designate the child’s primary residence, filed within one year of the earlier of the order’s rendition or the signing of the mediated or collaborative law settlement agreement on which it is based, requires a sworn affidavit under Texas Family Code Section 156.102. The affidavit must state supporting facts for at least one of these:
Consent does not remove the affidavit requirement. If the affidavit does not state adequate supporting facts for one of these grounds, the court must deny the relief and refuse to schedule a hearing.
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The child’s preference
A child’s preference is one factor, not the deciding vote. The judge still decides what is in the child’s best interest.
Not every modification has to be a court fight. Our goal is to help you choose the path that protects your child and keeps conflict manageable.
If both parents agree on new terms, we can draft an agreed order and submit it to the court for approval. This is usually the fastest and least expensive option. Many orders allow parents to agree in advance to different parenting times. That flexibility does not permanently amend the order. To replace its enforceable terms, parents generally need a court-approved modification. A qualifying mediated settlement agreement can bind the parties before the new order is entered.
Learn more in our guide to agreed custody modifications in Texas.
When parents agree on some issues but not others, mediation gives both sides a structured setting to work out a parenting plan with a neutral mediator. Many Texas family courts require or encourage mediation before a contested hearing. A signed mediated settlement agreement can become the new order.
If the other parent opposes the change, the case may go to a hearing. We help you gather the facts and records that matter, prepare your testimony, and present a clear picture of why the change serves your child.
Not sure which path fits your case? Talk with us.
We review your current order, what has changed, and what you want the new order to say.
We file a Petition to Modify the Parent-Child Relationship, generally in the court with continuing, exclusive jurisdiction over your order, subject to transfer and interstate rules. The other parent is then properly served, or signs a legally valid waiver or makes an appearance.
If the situation can’t wait, the court may set temporary arrangements while the case is pending. A temporary change to the primary-residence designation or to a geographic restriction has additional requirements under Texas Family Code Section 156.006.
Many cases can be resolved by agreement or mediation.
If no agreement is reached, the judge decides based on the evidence and the child’s best interest.
Once signed, the modified order replaces the parts of the old order it changes.
Speak with a lawyer before you stop following the current schedule, move with the child, or rely on a verbal agreement with the other parent. Going around the order can lead to an enforcement action and can hurt your position if the case goes to court. Getting the change in writing and signed by a judge protects everyone, including your child.
I felt heard and less vulnerable during stressful times. Ric and his office staff always gave me clear guidance, quick responses, and updates. — A.G.
Rick and his team worked hard to fix my unfair and one-sided custody situation with my daughter and my ex-wife. He fought every step and every underhanded move they made. He stayed focused and kept me focused on the outcome we wanted. He protected my daughter’s interest and my interests throughout the whole 2-year process. If you need someone that will listen and help, Rick is the person for you! — K.R.
My case was a custody battle and thankfully today my daughter is sleeping with me. Mr. Barrera and his staff made everything very clear and made me feel listened to. I’m very grateful for the opportunity to be with my child. — C.A.
The Barrera Law Firm helps parents modify custody and visitation orders in Harlingen and throughout Cameron, Hidalgo, and Willacy Counties, including Brownsville, San Benito, La Feria, Los Fresnos, Combes, Primera, Santa Rosa, Port Isabel, South Padre Island, Weslaco, Mercedes, Llano Grande, Mila Doce, Midway North, Raymondville, Lyford, and Lasara.
If your custody order no longer fits your child’s needs or your family’s situation, we can help you understand your options and choose a practical next step, whether that’s an agreed order, mediation, or a court hearing.
Disclaimer: This page provides general information about Texas family law and is not legal advice. Contact the firm to discuss your specific situation.
You file a Petition to Modify the Parent-Child Relationship, generally in the court with continuing, exclusive jurisdiction over the order, subject to transfer and interstate rules. The other parent must be properly served or sign a legally valid waiver or make an appearance. If both parents agree, an agreed order can be submitted for the judge’s approval. If not, the case may go to mediation and then a hearing.
There is no fixed list. Common examples include a parent relocating, a major change in work schedule, a change in the child’s needs, remarriage that affects the household, or concerns about the child’s safety. The court compares circumstances now with those on the earlier of the date the order was rendered or the date a mediated or collaborative law settlement agreement on which it is based was signed.
A child 12 or older can tell the judge, in chambers, which parent they would prefer to have the right to decide their primary residence. The judge considers that preference but still decides based on the child’s best interest.
Many orders allow parents to agree in advance to different parenting times. That flexibility does not permanently amend the order. To replace its enforceable terms, parents generally need a court-approved modification. A qualifying mediated settlement agreement can bind the parties before the new order is entered.
An agreed modification can move quickly once the paperwork is ready. Mediated or contested cases take longer, depending on the court’s schedule and how many issues are in dispute.
Yes, but changing which parent has the exclusive right to designate the child’s primary residence within one year of the earlier of the order’s rendition or the signing of the mediated or collaborative law settlement agreement it is based on requires a sworn affidavit with supporting facts. The affidavit must support one of three grounds: the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development; the parent who holds that right is seeking or consenting to the change and it is in the child’s best interest; or that parent has voluntarily relinquished primary care and possession for at least six months and the change is in the child’s best interest (military deployment, mobilization, and temporary military duty excepted). Consent does not remove the affidavit requirement. Without adequate supporting facts, the court must deny relief and refuse to schedule a hearing. Other changes, such as adjusting the schedule, follow the standard modification rules.
You are not required to have one, but a lawyer can help you understand whether you meet the legal standard, draft an order that is clear and enforceable, and protect your position if the other parent objects.
