Can You Modify a Custody Order After Divorce?
February 19, 2026
Divorce is not always the end of legal issues involving your children. Life changes, jobs relocate, children grow older, financial circumstances shift, and sometimes a parent’s situation significantly impacts a child’s well-being. If you’re dealing with ongoing custody changes or post-decree issues, you may be wondering: Can you modify a custody order after divorce in Texas?
The short answer is yes, but only under certain legal conditions.
At Schneider Law Firm in Fort Worth, we help parents navigate custody modifications and protect what matters most: their children.
Understanding Custody in Texas
In Texas, custody is legally referred to as “conservatorship.” Courts issue custody orders as part of the Final Decree of Divorce, which outlines:
- Legal decision-making authority (conservatorship)
- Possession and access schedules (visitation)
- Child support obligations
- Geographic restrictions
Once a judge signs the order, it is legally binding. However, Texas law allows modifications when circumstances materially and substantially change.
When Can You Modify a Custody Order in Texas?
Under Texas law, a custody order can be modified if:
1. There Has Been a Material and Substantial Change
Common examples include:
- A parent relocating
- Significant changes in a parent’s work schedule
- Remarriage
- Concerns about abuse or neglect
- A parent’s substance abuse issues
- A child’s changing educational or medical needs
The court must find that the change impacts the child’s best interests.
2. The Child Is at Least 12 Years Old
In Texas, a child aged 12 or older may express to the court which parent they prefer to live with. While the judge is not required to follow the child’s preference, it may influence the decision.
3. The Current Custodian Voluntarily Gives Up Primary Care
If the parent with primary custody voluntarily relinquishes care of the child for at least six months, the other parent may petition for modification.
The “Best Interest of the Child” Standard
Every custody decision in Texas revolves around one central principle: the best interest of the child.
Courts evaluate factors such as:
- Stability of each parent’s home
- Emotional and physical needs of the child
- Each parent’s ability to co-parent
- Safety concerns
- School and community ties
If a modification improves stability and benefits the child, the court may approve the change.
Post-Decree Issues Beyond Custody
Custody modifications often overlap with other post-divorce matters, including:
- Child support adjustments
- Enforcement of visitation rights
- Relocation disputes
- Contempt actions for violating court orders
Many post-decree conflicts arise when one parent fails to comply with the original order. In these cases, enforcement actions may be necessary before or alongside a modification request.
How to Request a Custody Modification in Fort Worth
To modify a custody order in Tarrant County, you must:
- File a Petition to Modify the Parent-Child Relationship.
- Serve the other parent with legal notice.
- Present evidence supporting the material change.
- Demonstrate why the modification is in the child’s best interest.
These cases can become highly contested. Having experienced legal representation can make a significant difference in presenting evidence effectively and protecting parental rights.
Why Legal Guidance Matters
Custody modifications are not automatic. The burden of proof lies with the parent requesting the change. Courts are cautious about altering stable arrangements unless there is a clear justification.
An experienced Fort Worth family law attorney can:
- Evaluate whether your situation qualifies for modification
- Gather necessary evidence
- Represent you in negotiation or litigation
- Help protect your parental rights
Speak with a Fort Worth Custody Modification Attorney
If your circumstances have changed since your divorce, you may have options. Whether you are seeking to modify conservatorship, adjust visitation, or address post-decree enforcement issues, taking prompt legal action is important.
Schneider Law Firm proudly serves families in Fort Worth and throughout Tarrant County. If you are facing ongoing custody changes, contact our offices to discuss your situation and learn how Texas law applies to your case.