Decatur Family Law and Probate Attorney

Is it possible to modify custody agreements in Texas?

On Behalf of | Mar 29, 2024 | Divorce

Both during and after a divorce, your children are the most important part of your divorce, and the child custody agreement brought some closure to that worry. However, child custody agreements in Texas are not static arrangements. Instead, child custody agreements are adaptable to accommodate changing life circumstances. Understanding the process of modification is crucial for parents seeking adjustments to custody arrangements.

Initiating the modification process

Initiating a modification involves filing a “Petition to Modify the Parent-Child Relationship” with the family law court that issued the original child custody agreement or order. If both parents agree, they can submit the proposed changes for court approval. However, contested modifications may require a court hearing where evidence supporting each party’s claims is presented, and the judge will make a final determination on whether to grant the child custody modification. And, if the modification is granted, the extent to which the modification is granted.

Factors that influence whether a modification is granted

Several factors influence the court’s decision regarding custody modifications. These include material and substantial changes in circumstances affecting the child or parent, the child’s preference if they are 12 or older and the voluntary relinquishment of custody by the primary custodian for at least 6 months. These changes may encompass parental relocation, shifts in the child’s needs or instances of abuse or neglect.


In conclusion, modifying child custody agreements in Texas is possible when justified by significant changes in circumstances. It is essential to prioritize the child’s best interests throughout the process as the judge will ultimately base their decision on your child’s best interests.