Custody orders are written for the family as it was on the day the judge signed. Children grow, parents move, jobs change, and sometimes problems emerge that no one saw coming. Texas law allows either parent to ask the court to modify conservatorship, possession or access when circumstances have changed enough to justify it. For New Braunfels parents whose order came from a Comal County court, the modification is usually filed in that same court. Here is what the law requires and how the process generally works.
The Legal Standard for Modification
Under Texas Family Code § 156.101, a court may modify a custody order if the change would be in the child’s best interest and at least one of the following is true:
- the circumstances of the child, a conservator, or another party affected by the order have materially and substantially changed since the earlier order (or since a mediated or collaborative settlement the order was based on)
- a child 12 or older has told the judge in chambers which parent the child wants to have the right to designate primary residence (see your child’s preference)
- the parent with the right to designate primary residence has voluntarily given up primary care and possession of the child to someone else for at least six months (this ground does not apply to military deployment situations)
In practice, most cases rely on the first ground: a material and substantial change.
Examples of changes that may qualify
For example, imagine some of these situations:
- the primary parent plans to move outside the geographic restriction
- a parent has developed a drug or alcohol problem, or has recovered from one
- a new partner in one household poses a risk to the child
- a parent’s work schedule changes so much the current calendar no longer works
- a child’s medical, educational or emotional needs have changed significantly
- the parents have been following a different schedule for a long time
- a parent has repeatedly interfered with the other parent’s time
Changes that usually are not enough
- a single missed visit or a one-time disagreement
- a parent getting remarried, without more
- a modest move within the same area
- disagreements about bedtime, screen time or other ordinary parenting choices
The One-Year Rule and Its Affidavit
If you want to change who has the exclusive right to designate the child’s primary residence within one year after the last order was signed, Texas law adds a hurdle (§ 156.102). You must file an affidavit with specific supporting facts showing at least one of these:
- the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development
- the parent with that right is the person seeking or consenting to the change, and the change is in the child’s best interest
- that parent has voluntarily given up primary care of the child for at least six months
If the affidavit does not state facts supporting one of these grounds, the court will deny a hearing on the request. The rule exists to discourage rapid relitigation. It does not apply in the same way to changes in the possession schedule alone.
Agreed vs. Contested Modifications
Agreed modification
When parents agree on the change, the process can be relatively straightforward. The parties sign an agreed order, and the court reviews and signs it. Even with an agreement, the paperwork should be complete and precise, because the new order replaces the old one on the issues it covers. If the change affects support, the order should address that too.
Contested modification
A contested case usually follows these general steps:
- Filing a petition to modify in the court with continuing jurisdiction.
- Service on the other parent, unless they sign a waiver.
- Temporary orders, if something needs to change right away while the case is pending.
- Discovery, which can include documents, written questions and depositions.
- Mediation, which is common and often required before trial.
- Final hearing or trial if mediation does not resolve everything.
Some cases also involve a custody evaluation, home study, amicus attorney or drug testing.
Common Modification Situations for New Braunfels and Comal County Families
A parent wants to move
Growth along the I-35 corridor has pushed many families to new neighborhoods, some outside the county named in their geographic restriction. A move outside the restricted area usually requires an agreement or a court order. See relocation.
A teenager’s needs have changed
Older children may need a different schedule for sports, jobs or school. Sometimes a teen wants to live with the other parent. The court considers that preference along with other evidence.
The schedule no longer matches reality
Many parents drift into a different pattern than the order requires. If you have been following an equal schedule for years, the order may need to catch up, especially before a dispute arises.
Safety concerns
If you believe your child is at risk, act quickly. Emergency relief may be available in serious situations, including temporary orders. If there is family violence, a protective order may also be appropriate.
Modification Is Not Enforcement
If the problem is that the other parent is violating the current order, you may need enforcement instead of, or in addition to, modification. Enforcement holds a parent accountable for violating the order. Modification changes the order going forward. Many cases involve both.
For orders that came out of a divorce, our page on post-divorce modifications covers other parts of the decree.
Preparing a Strong Modification Case
- Gather the current order, including any previous modifications.
- Write a timeline of the changes and when they happened.
- Collect records, such as school attendance, report cards, medical records and texts.
- Keep communications civil. Your messages may become exhibits.
- Stay focused on the child. The best-interest standard is about the child’s needs, not about which parent is “right.”
Talk With a New Braunfels Custody Lawyer
Modification cases turn on details: what changed, when, and how it affects your child. Our office has helped Comal County parents modify custody orders, by agreement and in contested cases, for more than ten years. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
What counts as a material and substantial change?
There is no fixed list. Courts look at whether circumstances have changed in a meaningful way since the last order, such as a move, a new job schedule, a parent’s remarriage that affects the child, a safety concern, or a child’s changing needs. Small or temporary changes usually are not enough.
How long does a custody modification take?
An agreed modification can move fairly quickly once the paperwork is ready. A contested case often takes several months or longer, depending on discovery, mediation, any evaluations and the court’s calendar.
Can we just agree to change the schedule without going to court?
Parents can follow a different schedule by agreement when the order allows it, but only a signed court order is enforceable. If the change is long-term, put it in an agreed modification order.
Do I have to go back to the same court?
Usually yes. The court that issued the order generally keeps continuing jurisdiction, though a case can sometimes be transferred to the county where the child now lives. Ask us about your situation.
Will changing custody change child support?
Often. If the primary residence changes, support usually changes too. Support can also be modified separately. See child support modification.
Last reviewed November 13, 2026. General information only, not legal advice.