Changing a Custody or Child Support Order in Texas (Modification)

The short answer

To change a Texas custody, visitation or child support order, you file a modification case and ask a judge to sign a new order TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order". A custody or visitation change must be in the child's best interest, and usually you must show a material and substantial change since the order Tex. Fam. Code §156.101(a). Child support can also be changed when it has been three years and the order's monthly amount differs by either 20 percent or $100 from the guideline amount Tex. Fam. Code §156.401(a). The old order stays in effect until a judge signs a new one TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order".

Can we change the order ourselves?

Not officially. Once you have a court order, only a judge can change it TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order". If you stop following it before a new order is signed, you could face penalties TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order".

You do have some room to cooperate:

• Parenting time. Parents with a court-ordered visitation schedule can agree to any schedule that works for both. If you cannot agree, you must follow the court-ordered schedule TexasLawHelp.org, "Child Custody".
• Child support. If you agree on a new amount, you can present a written agreement to the court, and the judge must find it is in the child's best interests. You cannot change child support without a new court order TexasLawHelp.org, "Child Support in Texas".

When can a court change custody or visitation?

The change must be in the child's best interest, and at least one of these must be true Tex. Fam. Code §156.101(a):

1. A material and substantial change. The circumstances of the child, a conservator (a parent or other person named in a custody order), or another affected party have materially and substantially changed. The clock starts on the earlier of the date the order was rendered (made) or the date a mediated or collaborative settlement agreement behind it was signed.
2. A child 12 or older states a preference. The child has told the judge in chambers who the child wants to have the exclusive right to designate the primary residence. See Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child.
3. Six months with someone else. The parent with the right to designate the primary residence voluntarily gave up primary care and possession of the child to another person for at least six months. This does not count time away for military deployment, mobilization, or temporary military duty Tex. Fam. Code §156.101(b).

What counts as "material and substantial"? TexasLawHelp.org explains that state law does not define the phrase, and it depends on the facts of each case TexasLawHelp.org, "Changing a Child Support Order".

What if the order is less than a year old?

There is an extra step, but only for one kind of change. If you file to change who has the exclusive right to designate the child's primary residence within one year of the order (or of the settlement agreement it was based on), you must attach an affidavit, a sworn written statement Tex. Fam. Code §156.102(a). It must give supporting facts and at least one of these allegations Tex. Fam. Code §156.102(b):

• the child's present environment may endanger the child's physical health or significantly impair the child's emotional development;
• the person who has the right is asking for or agreeing to the change, and it is in the child's best interest; or
• that person voluntarily gave up primary care and possession for at least six months, and the change is in the child's best interest.

If the affidavit does not state facts adequate to support an allegation, the court must deny the request and refuse to schedule a hearing. If it does, the court sets a hearing Tex. Fam. Code §156.102(c).

When can child support be changed?

The parent who pays support, called the obligor, can ask for less. The parent who receives it, the obligee, can ask for more TexasLawHelp.org, "Changing a Child Support Order". The court may modify support if Tex. Fam. Code §156.401(a):

• the circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered (or a settlement agreement behind it was signed); or
• "it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines."

Some limits and rules to know:

• Agreed amounts. If the parents agreed to support that differs from the guidelines, the court may change it only for a material and substantial change since the order Tex. Fam. Code §156.401(a-1).
• Timing. With limited exceptions, a new amount applies only to support that comes due after the earlier of the date of service of citation (when the other side is formally served) or an appearance in the suit Tex. Fam. Code §156.401(b). So filing sooner matters.
• Joint conservatorship alone is not grounds to change support Tex. Fam. Code §156.401(c).
• Jail or prison. An obligor's incarceration for more than 180 days is a material and substantial change. Release can be too, if support was abated, reduced, or suspended during incarceration Tex. Fam. Code §156.401(c-1) Tex. Fam. Code §156.401(d).

The Texas Attorney General Child Support Division can also file to modify child support TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order". Its listed services include modifying a child support obligation Office of the Attorney General of Texas, "Title IV-D and Child Support in Texas". See Child Support in Texas: How It Is Calculated and Who Collects It.

Where do I file, and who can file?

Either parent may file TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order". In most cases, you file in the same court that issued the order, even if you have moved to another county or state. The district or county clerk takes the filing, and you use the same cause number (case number) as the earlier case TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order". The court can transfer the case to another Texas county if the child has lived there for at least six months TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order".

TexasLawHelp.org offers a toolkit for changing a custody, visitation or support order. It works best for uncontested or default cases TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order".

In Parker County

If your order came from a Parker County district court, you file with the Parker County District Clerk, the clerk for the 43rd and 415th Judicial District Courts. All district court family cases are filed there Parker County, "District Clerk". The office is at 117 Fort Worth Highway, Weatherford, and the civil/family phone is 817-598-6114 Parker County, "District Clerk". If your case is assigned to County Court at Law No. 2, later documents are filed with the county clerk Parker County, Texas, County Court at Law No. 2.

Fees. The District Clerk's court costs sheet dated 1/1/2026 lists $80.00 for a modification and $100.00 for service of process by the clerk, constable or sheriff Parker County District Clerk, "Civil/Family Court Costs" (1/1/2026). If you cannot afford the fees, you can ask the court to waive them TexasLawHelp.org, "Changing a Custody, Visitation, or Child Support Order". The District Clerk's Forms page lists an Affidavit of Inability to Pay Court Costs Parker County District Clerk, "Forms".

Forms and support questions. The District Clerk does not provide forms and points you to Texas Law Help Parker County District Clerk FAQs. The District Clerk updates child support information with the State Disbursement Unit Parker County, "District Clerk". For child support case or payment information, its FAQ lists the Attorney General's Fort Worth Division at 817-731-9811 and the Texas Child Support Disbursement Unit at 800-252-8014 Parker County District Clerk FAQs.

For legal help, see Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders. Court contacts are on Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help.

What the law says

Except as provided by Subsection (a-1), (a-2), or (b), the court may modify an order that provides for the support of a child, including an order for health care coverage under Section 154.182 or an order for dental care coverage under Section 154.1825 , if: (1) the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of: (A) the date of the order's rendition; or (B) the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or (2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.

In plain words: child support can change when life has changed in a big way, or after three years when the guideline amount is off by 20 percent or $100.

The court shall deny the relief sought and refuse to schedule a hearing for modification under this section unless the court determines, on the basis of the affidavit, that facts adequate to support an allegation listed in Subsection (b) are stated in the affidavit. If the court determines that the facts stated are adequate to support an allegation, the court shall set a time and place for the hearing.

In plain words: if you try to change who decides the child's home within the first year, the judge will not even hold a hearing unless your sworn statement gives enough facts.

Questions to ask a lawyer

• Has there been a material and substantial change in my case, and what evidence shows it?
• Is my order less than a year old, and does the affidavit rule apply to what I want?
• Was my child support set by agreement or by the guidelines?
• How soon should I file so a new support amount can start?
• Which court and clerk have my existing order?

Related

• Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child
• Child Support in Texas: How It Is Calculated and Who Collects It
• Getting a Divorce in Parker County, Texas
• Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help