Modify Custody In Texas
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FAQ
How do I change an existing order for custody, visitation, child support, or medical support? You can ask a judge to change a custody, visitation, child support, or medical support order. You must file a petition to modify in the court that has jurisdiction over your child.
Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved. If this has happened, the case may be transferred to the court in the child's new county.
To file in person, take your answer (and copies) to the district clerk's office in the county where the petitioner filed for modification of the parent-child relationship. At the clerk's office: Turn in your answer form (and copies).
In general, the Texas Family Code provides that any final court orders affecting the parent-child relationship may be modified, if warranted. To justify a modification of the original court order, there must be a determination of a material and substantial change in circumstances by the judge.
In most cases, you must wait a year before requesting that the court change your custody order. This page from Texas Law Help explains the circumstances in which you may be able to have custody changed sooner than one year.