Custody Modification in Austin: When You Need to Change Your Court Order

Life doesn’t stop after your divorce decree. Kids grow up, parents remarry, jobs change, people move. When those changes affect your children, you might need to modify your custody order.

But Texas courts don’t allow modifications just because you want them. You need to prove a “material and substantial change in circumstances” that affects your child’s best interests. Here’s what that means and how to build a case that courts will take seriously.

When Courts Will Modify Custody Orders

Texas law sets a high bar for custody modifications. You can’t just decide you want more time with your kids and expect a judge to agree. You need to show:

1. Material and substantial change in circumstances since your last court order
2. The change affects your child’s best interests
3. The modification serves your child’s current needs

What Counts as “Material and Substantial”

Courts in Travis, Williamson, and Hays counties typically approve modifications when there are significant changes like:

Parental circumstances:

• Parent remarries or moves in with someone who affects the children
• Serious illness or disability that impacts parenting ability
• Job loss or major schedule changes affecting availability
• Military deployment or relocation for work
• Substance abuse or criminal charges

Child-related changes:

• Child’s needs change due to age, health, or special circumstances
• Child expresses strong preference (usually age 12 or older)
• Current arrangement causes documented problems at school or home
• Child’s safety concerns in current environment

Environmental changes:

• Parent wants to relocate more than 100 miles away
• Change in living conditions (better or worse housing, different school district)
• Death of a parent or stepparent who was part of the child’s life

What Doesn’t Qualify for Modification

Texas courts won’t modify custody just because:

• You don’t like the current arrangement
• Your ex remarried someone you don’t like
• You want to reduce child support by getting more time
• Your work schedule improved slightly
• You moved to a bigger house

The change has to meaningfully impact your child’s daily life and well-being.

Travis County Modification Standards

Travis County family courts follow Texas law but have local practices you should know:

• Temporary orders: Judges rarely grant temporary modifications without clear emergency circumstances
• Evidence requirements: You need documented proof, not just testimony about changes
• Best interests focus: Judges prioritize stability over parent preferences
• Mediation encouraged: Most cases go through mediation before trial

Judge assignments matter. Some Travis County judges are more conservative about modifications than others. An experienced Austin attorney knows how each judge typically rules.

Building Your Modification Case

Documentation beats testimony every time. Start gathering evidence immediately when circumstances change:

Essential Documentation

For work-related changes:

• New employment contract or termination letter
• Pay stubs showing income changes
• Letters from supervisors about schedule requirements
• Travel records for business trips

For relocation cases:

• Job offer letter from new city
• School records and research about new school district
• Housing arrangements in new location
• Plan for maintaining child’s relationship with other parent

For child safety concerns:

• Police reports or protective orders
• Medical records documenting injuries or neglect
• School counselor reports about behavioral changes
• Therapy records (with proper releases)

For child preference situations:

• Written statement from child (age-appropriate)
• Records of child expressing preferences to neutral third parties
• Documentation of problems with current arrangement

Timeline for Gathering Evidence

Don’t wait to start building your case. Courts want to see a pattern, not isolated incidents. Start documenting:

• Immediately: When you notice concerning changes
• Ongoing: Keep detailed calendars of missed visitations, late pickups, concerning behaviors
• Professional opinions: Get counselors, teachers, or doctors on record about impacts on your child

The Modification Process in Austin Courts

Filing a modification petition starts a formal legal process with specific deadlines and requirements.

Step 1: File Your Petition (Month 1)

Your petition must clearly state:

• What changes you want
• What circumstances have changed
• How the modification serves your child’s best interests
• Specific evidence supporting your claims

Step 2: Serve the Other Parent (Month 1-2)

The other parent gets 20 days to file an answer after being served. They can:

• Agree to your proposed changes
• File a counter-modification seeking different changes
• Contest your petition entirely

Step 3: Discovery Period (Months 2-4)

Both sides gather evidence through:

• Document requests
• Depositions of witnesses
• Interrogatories (written questions under oath)
• Subpoenas for school, medical, or employment records

Step 4: Mediation (Month 4-5)

Travis County requires mediation before trial in most cases. This gives you a chance to:

• Negotiate a settlement both parents can accept
• Avoid the cost and stress of a trial
• Keep control over the outcome instead of letting a judge decide

Step 5: Trial (Months 5-8)

If mediation fails, your case goes to trial. You’ll need to:

• Present evidence to the judge
• Call witnesses to testify
• Cross-examine the other parent’s witnesses
• Make legal arguments about why your modification serves your child’s best interests

Common Modification Scenarios in Austin

The Job Transfer

Sarah’s ex-husband got promoted and needed to move to Dallas. He wanted to take their 8-year-old daughter and modify custody to give him primary residence.

The issue: Moving disrupts the child’s established life in Austin. The evidence needed: Proof the job requires relocation, research about Dallas schools, plan for maintaining Austin parent’s relationship. Typical outcome: Courts often allow relocation but may increase the Austin parent’s summer and holiday time.

The Remarriage Situation

Mike’s ex-wife married someone with a criminal history. He wanted to modify custody to protect his children.

The issue: New stepparent’s background affects child safety. The evidence needed: Background checks, criminal records, evidence of concerning behavior around children. Typical outcome: Courts may modify custody or require supervision depending on the severity of concerns.

The Teenage Preference

A 14-year-old wants to live with her dad instead of mom because dad’s house is closer to her high school and friends.

The issue: Child’s preferences matter more as they get older, but convenience isn’t enough. The evidence needed: Documentation that current arrangement interferes with school or social development. Typical outcome: Courts consider teenage preferences seriously but need evidence beyond convenience.

Defending Against Modification Requests

If your ex filed for modification, you need to respond strategically:

File Your Answer on Time

You have 20 days plus the following Monday to file your answer. Miss this deadline and you could lose by default.

Challenge Their Evidence

• Question whether their claimed changes are truly “material and substantial”
• Show that your child is thriving in the current arrangement
• Demonstrate stability and consistency in your parenting

Present Counter-Evidence

• Document your involvement in your child’s life
• Show how the current arrangement serves your child’s needs
• Present evidence that the proposed changes would harm your child

How Long Modifications Take in Austin

Agreed modifications: 1-2 months if both parents consent to changes Contested cases: 6-12 months from filing to final order Complex cases: Up to 18 months for cases involving relocation, abuse allegations, or multiple experts

The timeline depends on:

• Court schedules and judge availability
• Complexity of issues involved
• Whether cases settle in mediation or go to trial
• Need for experts like child custody evaluators

Frequently Asked Questions

Q: Can I modify custody if my ex won’t follow the current order? A: Enforcement and modification are different. File for enforcement first to make them follow the current order. Repeated violations might support a modification later.

Q: What if my child wants to live with me full-time now? A: Child preference matters, especially for teens, but you still need to prove the change serves their best interests. Courts won’t modify custody just to make a child happy short-term.

Q: Can I stop my ex from moving out of state with our child? A: Texas law allows relocation unless it’s specifically prohibited in your decree. You can contest the move by filing for modification and proving relocation harms your child’s best interests.

Q: How much does a custody modification cost? A: Legal fees typically range from $5,000-$15,000 for contested modifications. Agreed modifications cost much less. The investment is worth it when your child’s welfare is at stake.

Q: Can we modify child support at the same time as custody? A: Yes, custody and support often get modified together since parenting time affects support calculations. But you need separate legal grounds for each change.

When to Act on Custody Modifications

Don’t wait when circumstances change significantly. Texas courts want to see you acted reasonably quickly after becoming aware of problems. Waiting months or years can hurt your case.

But don’t rush to court over minor issues either. Document problems first and see if they’re temporary or part of a larger pattern.

If you’re considering a custody modification in Austin, you need an attorney who knows Travis County judges and understands what evidence local courts require. The stakes are too high to handle this alone.

Ready to discuss your custody modification? Schedule your consultation to review your situation and understand your options. We’ll help you determine whether you have grounds for modification and build the strongest possible case for your children.