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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.
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).
To win a custody modification case, you must prove to the court that your child's wellbeing will substantially improve if the suggested changes are accepted. The outcome of the case will depend on what the court will consider to be in the child's best interest.
A Modification of your Divorce Decree can be filed in the same court that heard your original divorce. If you believe that the change in circumstances of someone related to that decree has changed so substantially as to merit a modification, then you can do so.
The Factors Judges Consider In Child Custody Decisions The child's age and health. The age and health of the child's parents. Whether there are any special needs involved ? again, with either the child or their parents. The home environment of each parent.