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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:
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A material and substantial change in the circumstances of the child or either parent.
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The child (aged 12 or older) expresses a preference for a different primary residence.
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The primary conservator has voluntarily given up the child’s care for at least six months.
Examples of changes that may warrant modification include:
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Job loss or relocation of a parent.
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Significant changes in work schedules.
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Evidence of neglect, abuse, or family violence.
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Changes in the child’s needs, health, or schooling.
How the Process Works
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Filing the Petition: We draft and file a motion to modify the existing order, outlining the reasons for the request.
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Serving the Other Parent: The other party is served and has an opportunity to respond.
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Negotiation or Mediation: Many modifications can be resolved outside of court.
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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:
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Help you clearly demonstrate the substantial change in circumstances.
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Ensure your child’s best interests are thoroughly documented.
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Protect your parental rights throughout the process.
We also defend clients against unfounded or inappropriate modification requests
Why Clients Choose Sims & Purzer
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In-depth knowledge of Texas family law and modification standards.
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Skilled negotiators and litigators.
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Focused on minimizing conflict while protecting your child.
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Clear, compassionate guidance at every step.
We help you adapt to life’s changes while maintaining stability for your child.
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
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.
Contact us today to schedule a consultation with one of our experienced family law attorneys.
📞 Or call us directly at (210) 226 2227
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