Can Child Custody or Child Support Be Changed After a Final Divorce in Texas?

Yes. In Texas, child custody, visitation, and child support can sometimes be changed after a divorce is final. These orders can also be changed if they came from a separate court case involving the child, often called a SAPCR. The parent asking for the change must meet certain legal requirements. For custody and visitation changes, the court will also consider what is in the child's best interest.

A divorce may be final, but that does not mean every part of the divorce decree can never change.

When children are involved, circumstances can change over time.

A child gets older. A parent changes jobs. Someone moves. School schedules change. A child's medical or educational needs may change. The parenting schedule that worked several years ago may no longer make sense.

Texas law allows parents to ask the court to change certain orders involving their children.

This is called a modification.

A modification may involve:

• Child custody

• Which parent the child primarily lives with

• Visitation and possession schedules

• Where the child is allowed to live

• Child support

• Medical support

• Dental support

• Certain parental rights and responsibilities

The important thing to understand is that a parent cannot simply decide to change the court order. The existing order stays in place unless the court signs a new order.

Can Child Custody Be Changed After a Texas Divorce?

Yes.

Child custody can be changed after a divorce in Texas if the legal requirements for a modification are met.

Texas uses the word conservatorship when talking about many child custody rights and responsibilities.

A parent may ask the court to change things such as:

• Which parent has the right to decide where the child primarily lives

• The parenting schedule

• Weekend visitation

• Weekday visitation

• Holiday schedules

• Summer schedules

• Transportation and exchange arrangements

• Certain decision-making rights

• Geographic restrictions on where the child can live

The court does not change custody simply because one parent wants a different arrangement.

In many cases, the parent asking for the change must show that circumstances have changed in an important way since the last order was signed. The court must also decide that the requested change is in the child's best interest.

What Is a "Material and Substantial Change"?

Texas courts often use the phrase material and substantial change in circumstances when deciding whether an existing custody or child support order should be changed.

In plain language, this means something important has changed since the last court order.

There is no single list of changes that automatically qualifies.

The court looks at the facts of each family.

Examples may include:

• A major change in a parent's work schedule

• A parent moving

• A major change in the child's school schedule

• New medical or educational needs

• A major change in the child's living situation

• A parenting schedule that no longer works because of distance

• A significant change in income

• Changes that affect the child's safety or well-being

• One parent no longer following or exercising the existing schedule

A change does not automatically mean the court will modify the order. The judge will look at what has changed and whether the requested modification is appropriate.

What If the Parents Were Never Married?

Parents do not have to be divorced to have a custody or child support order.

If parents were never married, their original court case may have been a Suit Affecting the Parent-Child Relationship, commonly called a SAPCR.

A SAPCR can establish:

• Child custody

• Which parent determines the child's primary residence

• Visitation

• Child support

• Medical and dental support

• Parental rights and responsibilities

A final SAPCR order can also be modified if the requirements under Texas law are met.

So whether your original order came from a divorce or from a separate child custody case, you may still be able to ask the court to change certain parts of the order.

Can Visitation Be Changed After a Divorce?

Yes.

What many people call visitation is often called possession and access under Texas law.

A possession schedule that worked when a child was young may not work several years later.

For example, a child may begin playing competitive sports, participating in school activities, attending tutoring, or following a more demanding school schedule.

Parents may also move farther apart.

A court may be asked to change:

• Weekend schedules

• Weekday schedules

• Holiday schedules

• Summer possession

• Pick-up and drop-off times

• Exchange locations

• Transportation responsibilities

• Other visitation terms

If both parents agree to a different schedule, that can make the process easier. However, an informal agreement between the parents does not automatically replace the written court order.

If the change is meant to be permanent, it is usually important to have the court sign a new order.

Can Child Support Be Changed After a Texas Divorce?

Yes.

Child support can sometimes be increased or decreased after a divorce or final SAPCR order.

A parent may ask for a child support modification when financial or family circumstances have changed enough to meet the requirements under Texas law.

Examples might include:

• A significant increase in income

• A significant decrease in income

• A job loss

• A major job change

• A change in the child's living arrangements

• A change in health insurance costs

• New medical needs

• New educational or other needs for the child

Texas also has rules that may allow child support to be reviewed after a certain amount of time if the current support amount is significantly different from what would be calculated under the current child support guidelines.

Every case is different.

Can I Stop Paying Child Support If I Lose My Job?

No.

Losing your job does not automatically change the amount you are ordered to pay.

Until the court signs a new order, the existing child support order generally remains in place.

If your income has dropped significantly, you may need to ask the court to modify your child support obligation.

Simply paying less on your own can create unpaid child support and other legal problems.

Can My Ex Ask for More Child Support?

Yes.

Either parent may be able to ask the court to review child support if the legal requirements for a modification are met.

For example, a parent may request an increase if the other parent's income has increased significantly or if the child's needs have changed.

That does not mean the court will automatically increase support.

The court will look at the financial information and apply Texas child support law to the circumstances.

Can Child Support Be Reduced?

Possibly.

A parent may ask for a reduction if circumstances have changed.

For example, income may have dropped significantly, employment may have changed, or the child's living arrangements may be different.

The court will decide whether the legal requirements for reducing support have been met.

Again, the parent should continue following the current court order unless and until the judge signs a different one.

Can a Child Choose Which Parent to Live With at Age 12?

Not exactly.

There is a common belief that once a child turns 12, the child can simply choose which parent to live with.

That is not how Texas law works.

A child who is 12 or older may be able to tell the judge which parent the child would prefer to live with.

However, the child does not make the final decision.

The judge still decides what is in the child's best interest.

The child's wishes may be one part of that decision, but they are not the only factor.

What If One Parent Moves?

A move can sometimes be a reason to ask the court to modify an order.

Whether the move is enough to support a modification depends on the facts.

The court may consider:

• How far the parent moved

• Whether the child's school is affected

• How the move affects visitation

• Transportation time

• The child's activities

• Whether there is a geographic restriction in the current order

• How the move affects the child's daily routine

For example, parents may have lived close together when they divorced, making school-night visitation easy.

If one parent later moves much farther away, that schedule may become difficult for the child.

A modification may be needed to create a more practical arrangement.

Examples of When Texas Parents May Consider a Modification

Every family is different. These examples are hypothetical and are meant only to show the types of situations that may lead someone to ask about changing an order.

Highland Park or University Park

A child was in elementary school when the parents divorced. Years later, the child is in high school and has early practices, sports, homework, and after-school activities.

The original parenting schedule now creates frequent late nights and transportation problems.

One parent may want to ask whether the possession schedule should be changed.

Uptown Dallas

When the divorce was final, both parents lived near the child's school.

Several years later, one parent changes jobs and moves farther away.

The original weekday schedule now involves much more driving and makes school mornings difficult.

The parents may need to consider whether the schedule should be modified.

Preston Hollow

A parent changes jobs and now travels several nights each week.

The original custody schedule was based on a much more predictable work schedule.

The family may need a different parenting schedule that better fits the child's routine.

Plano or Frisco

The parents originally lived fairly close together. One parent later moves farther away while the children become more involved in sports, tutoring, school activities, and weekend events.

The existing exchange schedule may become difficult to follow.

That may lead to a discussion about modifying possession and transportation arrangements.

Southlake

A parent who previously earned a set salary now receives income through salary, bonuses, commissions, or business income.

If income has changed significantly, either parent may have questions about whether child support should be reviewed.

Rockwall

One parent moves to Rockwall while the other remains in Dallas.

The longer distance may affect school-night visitation, exchanges, extracurricular activities, and transportation.

The family may need to consider whether the existing order still works.

These examples do not mean a court would automatically grant a modification. The facts of each case matter.

Can Parents Agree to Change Custody or Child Support Without Going to Court?

Parents can agree to handle some day-to-day issues differently.

For example, they may agree to switch weekends or change an exchange time.

The problem comes when an informal arrangement becomes permanent but the court order is never changed.

The written court order generally remains the legal order until a judge signs a new one.

If both parents agree that the custody, visitation, or support arrangement should permanently change, they may be able to file an agreed modification.

What Is an Agreed Modification?

An agreed modification happens when both parents agree on the changes they want made.

For example, both parents may agree that:

• A different visitation schedule works better

• One parent should have additional weekday time

• The exchange location should change

• Certain parental rights should be updated

Even when everyone agrees, the new agreement should generally be submitted to the court so the judge can sign a new order.

Until the judge signs it, the old order remains in place.

What If We Do Not Agree?

If one parent wants a change and the other parent does not agree, the modification may become contested.

The court may need to hear evidence about:

• What has changed

• When it changed

• How the change affects the child

• What the current order says

• Why one parent wants the order changed

• Why the other parent disagrees

• What arrangement would be best for the child

The judge then decides whether the legal requirements for modification have been met.

Does Filing for a Modification Immediately Change the Order?

No.

Filing a modification case does not automatically change custody, visitation, or child support.

The current order generally stays in effect until the court signs a new order.

This is important.

A parent should not assume that filing a modification allows that parent to stop following the existing schedule or change child support payments.

Can Property Division Be Changed After a Divorce?

Usually, property division is different.

Child custody, visitation, and child support may sometimes be modified because family circumstances change over time.

A final division of property in a Texas divorce decree generally cannot simply be changed later because one spouse wants a different result.

There may still be legal options if there is a problem involving:

• Enforcing the property division

• Clarifying unclear language

• Transferring property that was already awarded

• Property that was not divided in the original divorce

• Retirement benefits

• Other post-divorce property issues

These issues may require a different type of court proceeding rather than a modification.

Where Do You File a Modification in Texas?

A modification is usually filed with the court that has continuing authority over the case.

This may be the same court that handled the divorce or original SAPCR.

Things can become more complicated when parents and children move.

For example, a divorce may have been handled in Dallas County, but one parent now lives in Collin County and the other lives in Tarrant County.

In those situations, it is important to determine which court should handle the case before filing.

What Information Should I Gather Before Asking for a Modification?

The information you need will depend on what you are trying to change.

Helpful documents may include:

• Your current divorce decree or custody order

• Parenting calendars

• School schedules

• Work schedules

• Messages between the parents

• Pay records

• Tax returns

• Employment information

• Health insurance information

• Records showing changes in the child's needs

• Records involving visitation or exchanges

• Information about a move or change in residence

You do not necessarily need every document before speaking with an attorney.

The first step is understanding what has changed and what part of the current order you believe needs to be changed.

Dallas Modification Checklist: What to Gather and Questions to Ask

You do not need to have every document before speaking with an attorney. This checklist can help you organize what has changed, what your current order says, and what you may want the court to change.

Gather Your Current Court Orders

Final divorce decree

Final custody or SAPCR order

Any prior modification orders

Any temporary orders that are still relevant

Child support order

Medical and dental support order

Current possession and visitation schedule

Any geographic restriction regarding where the child may live

Write Down What Has Changed

When did the change happen?

Is the change temporary or likely to continue?

How is the change affecting the child?

How is the change affecting the current parenting schedule?

Has either parent moved?

Has either parent's work schedule changed?

Has either parent's income changed significantly?

Have the child's school, medical, educational, or emotional needs changed?

Has the child become more involved in sports, tutoring, activities, or other commitments?

Are exchanges or transportation more difficult than they were when the order was signed?

Has one parent stopped using some or all of their scheduled parenting time?

Has the family been following a different schedule than the written court order?

Keep Track of Parenting Time

Parenting calendar showing scheduled possession

Calendar showing actual possession

Missed or canceled visits

Late pick-ups or drop-offs

Schedule changes requested by either parent

Notes about repeated transportation problems

Records showing how long an informal schedule has been followed

Gather School and Activity Information

School calendar

Class schedule

Report cards or school records, if relevant

Sports schedules

Tutoring schedules

Extracurricular activity schedules

Information about school transportation

Records showing how the current parenting schedule affects school, homework, or activities

Gather Work and Employment Information

Current work schedule

Recent changes in work hours

Travel schedule

Employment offer or job change information

Pay stubs

Bonus or commission information

Business income information, if applicable

Documentation of job loss or reduction in hours, if applicable

Gather Financial Information for Child Support Questions

Recent pay stubs

Recent tax returns

W-2s or 1099s

Bonus and commission records

Business income records

Health insurance costs for the child

Dental insurance costs for the child

Information about other court-ordered child support obligations

Records showing significant changes in the child's expenses or needs

Gather Information About a Move

Current addresses of both parents

Proposed new address, if a move is planned

Distance between the parents' homes

Distance from each home to the child's school

Expected transportation time

How the move affects weekday possession

How the move affects school mornings

How the move affects sports and extracurricular activities

Whether the current order contains a geographic restriction

Save Relevant Communications

Text messages

Emails

Parenting app messages

Messages about schedule changes

Messages about missed visits

Messages about transportation

Messages about school or medical decisions

Messages about relocation

Messages discussing changes in child support or expenses

Save the complete conversation when possible rather than only isolated screenshots.

Gather Information About Changes in the Child's Needs

Medical records, if relevant

Therapy or counseling information, if relevant

Educational evaluations

Special education or accommodation records

Tutoring records

Changes in school performance

New medical or educational expenses

Information about major changes in the child's routine

Questions to Ask Yourself Before Requesting a Modification

What exactly do I want changed?

Why does the current order no longer work?

What has changed since the last order was signed?

When did those changes begin?

How do those changes affect my child?

What schedule or arrangement am I proposing instead?

Would my proposed change be practical for school, activities, and transportation?

Have we already been following a different arrangement?

Does the other parent agree with any part of the proposed change?

Is this a short-term problem or a long-term change?

What evidence do I have showing the change?

Are there upcoming events that make the issue more urgent, such as a move, new school year, job change, or major schedule change?

Questions to Ask a Texas Family Law Attorney

Does my situation meet the requirements for a modification?

What part of my current order can be changed?

Would this likely be an agreed or contested modification?

What evidence would be most helpful?

Are there special rules because the current custody order is less than one year old?

Which court should the modification be filed in?

Could a move affect jurisdiction or require the case to be transferred?

Should I ask for temporary orders while the case is pending?

How could the proposed custody change affect child support?

Should child support be reviewed at the same time?

What should I continue doing while the modification is pending?

Are there things I should avoid doing before the court changes the order?

Most Important: Know What You Want Changed

Before asking for a modification, try to clearly identify the part of the current order that is causing a problem.

For example:

I want to change which parent determines the child's primary residence.

I want to change the weekday parenting schedule.

I want to change weekends or holidays.

I want to change transportation or exchange arrangements.

I want to address a parent's move.

I want child support increased.

I want child support decreased.

I want medical or dental support changed.

I want certain parental rights or responsibilities changed.

You do not need to have every answer or every document before speaking with an attorney. The goal is to understand what has changed, how it affects your child or the existing order, and what you believe needs to be different.

Talk With a Texas Family Law Attorney About Changing Your Order

A final divorce decree or SAPCR order does not necessarily mean your custody, visitation, or child support arrangements must stay exactly the same until your child becomes an adult.

Families change.

Children grow.

Jobs change.

Parents move.

Financial circumstances change.

When those changes make an existing court order difficult, unrealistic, or no longer appropriate for the child, Texas law may provide a way to ask the court for a modification.

The Ashmore Law Firm, P.C. helps families with child custody, child support, divorce, and post-divorce family law matters throughout Dallas and surrounding North Texas communities.

If you have questions about changing an existing court order, call 214-559-7202 or schedule a confidential conversation with The Ashmore Law Firm, P.C.

Learn more about Texas family law.

Frequently Asked Questions About Changing Custody or Child Support in Dallas

1. Can custody be changed after a divorce is final in Texas?

Yes. A parent may ask the court to modify child custody after a divorce is final. The parent asking for the change must meet the requirements under Texas law, and the court must consider the child's best interest.

2. Can child support be changed after a divorce?

Yes. Child support may be increased or decreased if the legal requirements for a modification are met. A change in income, employment, the child's living arrangements, or the child's needs may be relevant.

3. What if our custody order came from a SAPCR instead of a divorce?

A custody or child support order from a SAPCR may also be modified. A SAPCR is simply a court case involving the legal rights and responsibilities of parents and children. Parents do not have to have been married for a modification to be available.

4. Do I have to prove something has changed?

In many modification cases, yes. The parent asking for the change may need to show that circumstances have materially and substantially changed since the previous order.

The exact legal requirements depend on what part of the order you are asking the court to change.

5. Can I change visitation if the current schedule no longer works?

Possibly. If circumstances have changed and the current schedule is no longer practical or appropriate, a parent may ask the court to modify possession and visitation.

6. Can I lower my child support if I lose my job?

Possibly, but losing your job does not automatically reduce your child support.

You must continue following the current order unless the court signs a new one. If your income has changed significantly, you may need to ask the court for a modification.

7. Can my ex ask for more child support if I make more money now?

Yes. A parent may ask for a child support modification if the requirements under Texas law are met. An increase in income can be one fact the court considers.

8. Can my child decide who to live with when they turn 12?

No. A child who is 12 or older may be able to tell the judge which parent the child prefers to live with, but the child does not make the final decision.

The judge decides what is in the child's best interest.

9. Can we change our custody schedule ourselves if we both agree?

You can agree to temporary changes between yourselves, but that does not automatically change the court order.

If you want the new arrangement to become the official, enforceable order, you should consider asking the court to approve an agreed modification.

10. Does filing a modification mean I can stop following the old order?

No.

The existing court order generally remains in effect until the judge signs a new order. Filing a modification does not automatically change your custody schedule, visitation rights, or child support obligation.