If you would like to change a child support or custody order, you will need to file for a modification in court. TexasLawHelp.org provides a modification kit with instructions and forms.

In most cases, a person must wait at least a year before asking the court to change the primary custody of the child. This law is in Texas Family Code Section 156.102. There are exceptions, though:

• if the person filing has primary custody; or
• if both parents agree to the changes; or
• if the child’s environment may “endanger the child's physical health or significantly impair the child's emotional development”; or
• the person with primary custody has allowed someone else to have primary custody & possession for at least 6 months.

TexasLawHelp.org has an article about modification cases within one year of the current order with more details. For more resources, please see the Modifying a SAPCR page of our guide on Child Custody and Support.

The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.

 Related FAQs & Guides

FAQs

• Can I file for divorce on my own, without an attorney?
• Can I terminate my parental rights?

Guides

• Child Custody and Support