When life circumstances change, your custody arrangement may need an adjustment too. However, modifying a child custody order in Texas is not as simple as reaching an agreement with the other parent.

State family law generally requires you to follow specific procedures and standards before any changes become official. Understanding these requirements can help you avoid legal complications while prioritizing your child’s well-being.

The legal standard for modification

In Texas, you must prove a material and substantial change in circumstances has occurred since the last order was signed in order to change it. Some significant shifts can include:

• A parent relocating for work
• The child having different needs as they enter their teenage years
• A significant change in a parent’s work schedule

Even if these circumstances occurred, the court will generally only grant a modification if it is in the child’s best interest. Judges will usually consider the child’s emotional and physical needs, their stability and each party’s parenting abilities before making a final decision.

Understanding the age 12 rule

There is a common misconception that a child can choose where to live when they reach 12 years old. In reality, a Texas judge can interview a child in chambers upon request if they are 12 years or older to discuss their preferences regarding primary residence. However, the judge still makes the final call based on the child’s best interest.

The risk of informal arrangements

Agreements between parents outside the court usually are not legally enforceable because a court order dictates custody and visitation, not a private verbal deal. Even if both parents agree to temporarily change the schedule, that does not replace the current order unless the court approves it. If you do not update the order, you could be held in contempt for not following it, even if the other parent agreed.

Ensuring your order still fits your family

If your current order no longer fits your family’s reality, it is best not to wait until a conflict arises to modify your custody arrangements. A lawyer can help ensure your court order reflects your child’s present needs.