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Child Custody Modification in Texas

When your family’s circumstances change, Sims & Purzer helps you modify your custody order in a way that serves your child’s best interests and protects your parental rights.

What Is a Custody Modification?

 

In Texas, Custody — legally called conservatorship, possession, and access — is determined by court order. But life doesn’t stand still, and sometimes those original orders no longer meet your child’s needs or reflect your circumstances.

 

A modification is a formal legal process to change a custody, visitation, or support order when there has been a material and substantial change in circumstances. At Sims & Purzer, we help parents pursue or defend against modifications while keeping the child’s best interests front and center.

When Can You Modify a Custody Order in Texas?


Under Texas Family Code Chapter 156, a court may modify a custody or visitation order if one or more of these apply:

  • A material and substantial change in the circumstances of the child or either parent.

  • The child (aged 12 or older) expresses a preference for a different primary residence.

  • The primary conservator has voluntarily given up the child’s care for at least six months.

Examples of changes that may warrant modification include:

  • Job loss or relocation of a parent.

  • Significant changes in work schedules.

  • Evidence of neglect, abuse, or family violence.

  • Changes in the child’s needs, health, or schooling.

How the Process Works

 

  • Filing the Petition: We draft and file a motion to modify the existing order, outlining the reasons for the request.

  • Serving the Other Parent: The other party is served and has an opportunity to respond.

  • Negotiation or Mediation: Many modifications can be resolved outside of court.

  • Hearing: If no agreement is reached, the judge decides based on evidence and the child’s best interests.

​We guide you through each step, gathering and presenting the evidence needed to support your case.

Why You Need a Texas Modification Lawyer

 

Even if both parents agree to changes, the court must approve any modification. And when parents disagree, the process can be complex and contentious. At Sims & Purzer, we:

  • Help you clearly demonstrate the substantial change in circumstances.

  • Ensure your child’s best interests are thoroughly documented.

  • Protect your parental rights throughout the process.

 

We also defend clients against unfounded or inappropriate modification requests

Why Clients Choose Sims & Purzer

  • In-depth knowledge of Texas family law and modification standards.

  • Skilled negotiators and litigators.

  • Focused on minimizing conflict while protecting your child.

  • Clear, compassionate guidance at every step.

 

We help you adapt to life’s changes while maintaining stability for your child.

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FAQs About Custody Modification in Texas​​​​​​​​​

Q: Can I change custody if the other parent moves out of state?
A: Possibly. Relocation is often considered a material and substantial change that may justify modifying the custody arrangement.

 

Q: Do we have to go to court?
A: Not always. If both parents agree and sign a new order, the judge can approve it without a hearing.


Q: Can a child choose who to live with?
A: A child aged 12 or older can express a preference, but the judge makes the final decision based on the child’s best interests

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Schedule a Consultation

 

If your custody order no longer works for your family, Sims & Purzer can help you seek or respond to a modification that protects your child’s well-being.

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Contact us today to schedule a consultation with one of our experienced family law attorneys.

www.simspurzer.com

📞 Or call us directly at (210) 226 2227​​

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