Modifications
Texas family court orders are meant to work long-term, but circumstances change — jobs change, children grow up, parents relocate, and relationships shift. When the order no longer fits the reality, a modification may be available. I've handled modifications throughout Texas for 18 years. The critical question is always whether your change clears the legal bar — and your Plan of Action answers that before you spend a dollar on filing.
If you have a court date coming, call now — (817) 382-8333.
How I approach it
Before we talk about which road fits your situation, there's a threshold question: does your change qualify? Texas requires a showing of a material and substantial change in circumstances to modify a custody, possession, or support order. Not every change — even a significant one — meets that standard. Before we file anything, I want to know whether your facts clear the bar. Spending money on a modification that doesn't qualify is money wasted.
Assuming the threshold is met, the three roads apply here just as in any other family law matter. An agreed modification — where both parties agree on the new terms — is faster and cheaper than any contested path. I'll draft an order that says what you've agreed to precisely, because vague agreed modifications are where future disputes are born.
Mediation is often the right middle path when the parties agree a change is needed but disagree on the specifics. A mediator can help bridge the gap without placing the decision in a judge's hands. Preparation matters here too — you need to know what you're willing to accept before you sit down.
Litigation is appropriate when the other side contests the modification entirely, when the circumstances are serious (a parent relocating, a safety concern emerging), or when agreement genuinely isn't possible. I take modification cases to court when that's what the situation requires.
Modifications and enforcement often go hand in hand. See the combined door page at Modifications & Enforcement.
The first step
The most important thing a modification review does is tell you whether your facts clear the threshold — before you commit to filing. Your Plan of Action analyzes your existing order, what has changed, and whether the change is material and substantial enough to support a modification proceeding.
After that, it's pay-as-you-go — you always know the price before the work begins. No retainer to exhaust, no surprise invoices, no hourly meter.
The standard isn't defined by a single list — it's fact-specific. Courts have found qualifying changes in things like a significant increase or decrease in income, a parent's relocation, a substantial change in the children's living situation, a parent's remarriage, or a change in a child's needs. What doesn't qualify is a minor inconvenience or a change the court foresaw when the original order was entered. Your Plan of Action will evaluate whether your specific facts support the threshold.
Yes — support is one of the most commonly modified provisions. A significant change in the obligor's income (up or down), a change in the number of children requiring support, or a substantial change in the children's needs can all support a modification. The same material and substantial change standard applies. See also the child support page for more on how support is calculated.
A handshake agreement isn't an enforceable court order — and informal arrangements can create real problems later if one party walks away from what was agreed. If both sides agree on the change, an agreed modification is the right vehicle: it formalizes the new terms as a binding court order. The $500 review is a good starting point even when everyone agrees, because the drafting and filing process is where things go wrong.
You have every right to contest a modification. The burden is on the party asking for the change to prove a material and substantial change in circumstances. If their facts don't support the threshold, the motion fails. Even if the threshold is met, the specific modification they're asking for has to be in the children's best interest. A Plan of Action will give you a realistic assessment of your position on both questions.
The $500 Case Review & Plan of Action analyzes your existing order and your current facts — and tells you honestly whether a modification is worth pursuing.
If you have a court date coming, call now — (817) 382-8333.