When Texas Judges Are Most Likely to Modify Child Custody Arrangements

When a judge hands down child custody arrangements in Texas, they are intended to be long-lasting. However, the State of Texas recognizes that the needs of families evolve over time. As a result, courts allow for child custody modifications when a significant reason supports the change.

Some reasons are more likely to result in modifications than others. Working closely with an experienced Round Rock child custody attorney can help you present a strong case for modification.

If You Need a Modification, Go Through the Court

If you and your children’s other parent agree on a custody modification, you're starting from a good place. Still, you should not make changes informally. The child custody orders issued during your divorce are legally binding. Violating them can lead to serious consequences and may jeopardize your chances of securing a modification.

Even if your ex is currently cooperative, there’s no guarantee they won’t change their mind later. Formalizing the change through the court is essential. If both parents are on the same page, the process is typically more efficient, and the court is likely to approve the agreed-upon terms.

If One Parent Is Planning a Move

When one parent plans a significant move, it may justify a custody modification—but the court will look closely at the details. A custodial parent who wants to relocate a considerable distance with the children must obtain court approval.

While the parent who has the visitation schedule – or parenting time schedule – has the right to move wherever they’d like, this doesn’t mean that the court will automatically alter the child custody arrangements to accommodate them.

The Motivation Behind the Move

If the move is motivated by personal reasons, such as a desire for a fresh start or a change of scenery, the court is unlikely to approve a modification. However, if the move serves the children’s best interests—such as better schools, improved living conditions, or access to extended family—the court may see it differently.

The court will weigh the benefits of the move against the potential impact on the child’s relationship with the other parent. A key factor is whether the moving parent is committed to maintaining regular contact between the children and their other parent.

If you're considering relocation, consult an experienced Round Rock family law attorney to evaluate whether your reasons align with the court's priorities.

Factors That Could Make a Difference

Courts may be more likely to approve a child custody modification if:

The parent has a new job that significantly improves the family's financial situation.
The move is based on a child’s educational or healthcare needs.
The children will gain access to a broader support system, such as nearby family.

If the relocation significantly reduces the other parent’s time with the children, the court will expect a compelling justification. However, if the relocating parent makes strong efforts to accommodate the other parent’s visitation, it may work in their favor.

If One Parent Experiences a Change in Living Conditions

Significant changes in a parent’s living situation can influence custody decisions. The court prioritizes the children's health and safety, so poor or unstable living conditions may justify a modification.

Examples include:

Becoming homeless or living in unsuitable accommodations
Moving to a less safe neighborhood
Losing a job and being unable to provide a child-friendly home

In such cases, the court might reduce parenting time, especially overnight visits, until conditions improve.

If a Parent’s Circumstances Improve Considerably

Just as declining circumstances can lead to a change, improved circumstances can too. For instance, a parent who previously had supervised visits due to substance abuse may request more time after completing rehab and maintaining sobriety.

If you’ve made significant progress in your life, a custody modification may reflect your improved ability to parent.

If the Children’s Needs Have Changed

Children’s needs evolve significantly as they grow. A baby’s needs differ greatly from those of a teenager, and Texas courts acknowledge this.

As children age, they often have busier schedules, more responsibilities, and stronger opinions about where they want to live. Carting belongings between homes can become disruptive, and older teens may prefer a more stable arrangement.

Texas courts take a broad view when it comes to ordering child custody modifications, and this includes carefully considering all the relevant factors. As children mature, this can also mean considering their preferences. While children don’t have the final word on the matter of parenting time, Texas courts do pay attention to what they have to say.

If Parental Alienation Is a Concern

Texas courts view parental alienation as a form of emotional abuse. If one parent actively attempts to turn the children against the other, this behavior can justify a custody modification.

Warning signs include:

Sharing inappropriate information with the children – whether it’s true or not
Attempting to change the children’s feelings toward the other parent
Instilling undue fear in the children regarding the other parent
Bad mouthing the other parent in the children’s presence and encouraging them to join in
Taking an us-against-them attitude – in relation to the other parent – with the children
Encouraging the children not to visit their other parent or to call their visits short
Making the kids feel guilty when they have a good time with their other parent
Discouraging the children from contacting their other parent when they’re away from them
Scrubbing their home of any signs that might remind the kids of their other parent, such as pictures and mementos

If you suspect parental alienation, speak with a Round Rock child custody lawyer immediately. Early legal intervention can protect your children from long-term harm.

If One Parent Isn’t Invested in Co-Parenting

Effective co-parenting is critical. Courts look favorably on parents who can communicate and collaborate for their children's benefit—even if it’s just through text or a parenting app.

When one parent refuses to cooperate or actively undermines co-parenting efforts, it can negatively impact the children and may support a custody modification.

If your ex is unwilling to co-parent effectively, legal guidance can help you take the necessary steps to protect your child’s well-being.

FAQs About Custody Modifications in Texas

What are my chances of receiving a favorable custody modification?

It depends on the facts of your case. The court requires a substantial change in circumstances. Working with a seasoned child custody attorney improves your chances by helping you build a strong legal argument.

What qualifies as a substantial change in circumstances?