Yes, in most cases. Texas allows a party to request modification of conservatorship, possession, or child support when there has been a material and substantial change in circumstances since the prior order, or in some child support cases, after a set period of time has passed. Whether a specific change qualifies is a fact-specific legal determination.
A knowledge of what the judge in your case thinks counts as a “material and substantial change” is also helpful. This is another example of why it is important to hire an attorney physically in the location in which your case is pending. Judges will have certain preferences and inclinations, which will be helpful to know before you spend money seeking relief that is extremely unlikely.
“Material and substantial change” is not a fixed checklist; it is a standard courts apply to the facts of each case. Circumstances that commonly come up in modification cases include a parent’s relocation, a significant change in either parent’s income or work schedule, remarriage or a new household member, evidence of family violence or substance abuse, or simply a child’s evolving needs as they get older. The change generally has to relate to the child’s circumstances, a conservator’s circumstances, or another party affected by the order – not simply a party’s preference that things be different.
Modifying which parent has the exclusive right to designate the child’s primary residence carries an additional hurdle if it’s requested within a certain period after the prior order. Texas law places a heightened standard on this specific type of request when filed soon after the existing order, generally requiring one of a limited set of grounds – such as agreement of the parties or a showing that the child’s present environment may endanger their physical health or significantly impair their emotional development. Even then, courts are reluctant to make changes to order that quickly after a prior final order.
Child support has its own additional path to modification. Beyond the general material-and-substantial-change standard, Texas allows modification of a child support order after a set number of years has passed if the guideline amount would now differ from the existing order by a certain percentage or dollar threshold, without necessarily having to independently prove a substantial change in circumstances.
Practically speaking, a modification is a new lawsuit filed in the court that retains continuing jurisdiction over the case, typically the court that issued the prior order. It proceeds similarly to the original case, potentially including temporary orders while the modification is pending and, often, mediation before trial if the parties can’t agree.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.