How Can You Modify a Child Custody Agreement After a Divorce?

On Behalf of Robert S. Clark Sr.

Feb 01, 2025

If you have kids, and you’re divorced or separated, you’ll already be familiar with the process you went through at that point to make arrangements for the custody of your children.

However, life is full of surprises and circumstances can change. What should you do if you need to modify your existing custody arrangement? At the Clark Law Firm, P.C., in Houston, TX, we can help. We aim to be your first point of call if you’re looking for a family law attorney in Houston, TX.

A custody agreement, or as it is more properly known in Texas, a “conservatorship,” is not set in stone. There are many reasons, both positive and negative, that may mean you want or need to seek a change in the conservatorship order for your child. Texas law empowers the courts to make modifications on several grounds, based on what is in the child’s best interests.

Legal Grounds for Modification

Your Circumstances Have Materially and Substantially Changed

A significant change in the life of either parent or the child may warrant a modification to your existing custody order. Examples of a substantial change in circumstances would include things like the need of one parent to relocate, the loss of a job, or a similar significant financial change.

However, the change could also be in the life of the child, such as a change in their health or education needs. Other circumstances warranting a change in custody arrangement would include the sudden incapacitation of one parent or an onset of severe health issues.

Your Child Is at Least 12 Years Old and Expresses a Preference

In Texas, if a child is 12 or older, they can express their preference regarding which parent they want to live with. If they were 12 at the time of your divorce or separation, their preference will have been considered already, but once they turn 12, they can seek to have their views heard by the court.

The judge will listen to what they say, but will either modify the arrangement or not based solely on what they believe to be in the best interests of the child. The child’s preferences can never be the only factor here.

The Current Custody Agreement Is Not Working or Is Unsafe

If you can show that the current arrangement poses risks to your child’s safety or well-being, the court may consider modifying it. These risks include issues such as neglect, abuse, or the inability of the other parent to otherwise fulfill their parental duties and provide a stable environment to support the health and development of their child.

If you believe your child is in immediate danger, you can seek an emergency custody modification, and the court can also issue a temporary restraining order along with an emergency custody change to protect the child until a full hearing takes place.

One Parent Has Voluntarily Relinquished Custody

If one parent has voluntarily given up custody for at least six months, such as by not collecting the children when it is their turn to look after them, the other parent may seek to modify the custody arrangement.

What Legal Steps Do You Need to Take for a Modification?

If you believe a modification is necessary, it is a good idea to meet with a family law attorney to make sure that your reasons for seeking a change are considered valid under Texas law.

An attorney can also make sure that your case meets the legal requirements and that any paperwork is filled in correctly, and then present your case in court.

File a Petition to Modify

To begin the modification process, file a Petition to Modify the Parent-Child Relationship with the court that issued the original custody order. This petition outlines the requested changes and the reasons for the modification.

It should be noted that not all custody modification requests are contentious. In some cases, both parents are in agreement that a particular change needs to happen, and in such cases, you can submit an Agreed Modification Order to the court. The court is likely to approve the modification unless it sees a very good reason why this modification does not serve the child’s best interests.

Notify the Other Parent

If you have not consulted your child’s other parent before this point, they must now be legally notified about the petition. They will have the right to agree, contest, or negotiate modifications.

Attend Mediation or Negotiation

Texas courts usually encourage mediation before proceeding to a hearing. Mediation allows both parents to discuss and negotiate potential modifications outside of court with a trained mediator rather than in front of a judge. This process can resolve matters more quickly and in a less adversarial manner than doing so in court.

Attend a Court Hearing

If you cannot agree despite the mediation process, the case will go to court. Cases relating to changing an order of conservatorship are usually held with a judge. Both parents will present their sides of the argument to the judge, who will then make a decision about the request for modification based on the child’s best interests. If a new custody order is issued, both parents must comply with the revised order moving forward.

What Factors Does the Court Consider When Modifying Custody?

The primary concern of Texas courts is what is best for the child. When evaluating modification requests, the following things will be considered:

The child’s physical and emotional well-being
Each parent’s ability to provide a stable environment
The child’s current relationship with both parents
The reason for the modification request
Any history of domestic violence or substance abuse
The child’s preference, if 12 or older

For example, if one parent wants to move a significant distance away, the court will evaluate how the move will affect the child’s wellbeing and their relationship with both parents and possibly other relatives. The relocating parent must demonstrate that the move benefits the child, does not deprive their child of the right to have a close relationship with their family, and does not unduly disrupt the child’s life.

When Should You Consult a Family Law Attorney in Houston, TX?

While it is possible to file for a custody modification without a Houston child custody lawyer, we would advise you to have legal representation, especially in contested cases. With an experienced family lawyer on board, you can be confident that we will help you put forward the strongest possible case, ensure the proposed modification complies with Texas law, file all paperwork in a correct and timely manner, and represent you in any court hearings.

A conservatorship agreement is a legally binding order, so if you want it to change, you need to go through the proper channels with valid reasons, proper filing, and court approval. Whether you are seeking changes due to a significant life event, relocation, or concerns for your child’s well-being, Texas courts will prioritize your child’s best interests.

To find out more about the legal requirements to modify a custody agreement, get in touch with us at the Clark Law Firm, P.C., in Houston, TX, to make an appointment. We are dedicated to fighting for the best possible outcome for you and your child.