When Can You Modify a Divorce Decree in Texas?

Going through a divorce is often one of the most taxing experiences of a person’s life. When the judge finally signs that Final Decree of Divorce, there is usually a massive sense of relief—a feeling that the book is finally closed.

However, life doesn’t stand still. Jobs change, children grow up, and people relocate. At Lundberg Law, we often see clients in Midlothian and throughout Ellis County who find that the orders that worked perfectly two years ago no longer fit their current reality. In Texas, the law allows for a “Modification” to address these changes, but the bar for making a change is specific.

The Legal Standard: A Material and Substantial Change

To modify a divorce decree in Texas, specifically regarding conservatorship (custody), possession and access (visitation), or child support, you generally must prove that the modification is in the best interest of the child and that the circumstances of a child, a conservator, or another party affected by the order have materially and substantially changed since the date the order was rendered.

What qualifies as a “material and substantial change”? While the Texas Family Code doesn’t provide an exhaustive list, Texas courts commonly recognize the following:

• Relocation: A parent moves a significant distance away, making the current visitation schedule impractical.
• Employment Changes: A parent loses a job, receives a significant promotion, or has a shift change that impacts their ability to follow the custody schedule.
• The Child’s Needs: As children age, their educational, medical, or extracurricular needs may change significantly.
• Marital Status: A parent gets remarried or starts cohabitating with someone who negatively (or positively) impacts the child’s environment.
• Safety Concerns: Issues involving family violence, substance abuse, or neglect that have surfaced since the original decree.

Modifying Child Support

Child support is one of the most common reasons for a modification. In Texas, you can typically request a modification if it has been at least three years since the last order was rendered or modified, and the monthly amount of the child support award under the order differs by either 20% or $100 from the amount that would be awarded in accordance with the Texas Child Support Guidelines.

However, you don’t always have to wait three years. If you experience a material and substantial change—such as losing your job or a significant increase in the child’s healthcare costs—you can file for a modification sooner.

The “One-Year Rule” for Changing Primary Residence

If you are seeking to change which parent has the exclusive right to determine the primary residence of the child within one year of the original order, the requirements are much stricter.

You must generally provide an affidavit alleging that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development. This is a high evidentiary burden designed to prevent “litigation fatigue” and provide children with a sense of stability following a divorce.

How the Process Works in Ellis County

The process begins by filing a Petition to Modify Parent-Child Relationship. This is a new lawsuit filed in the same court that issued your original divorce decree (unless the children have moved to a different county and lived there for at least six months).

At Lundberg Law, we emphasize that modifications can be handled two ways:

1. Agreed Modifications: If both parents agree on the changes, we can draft an agreed order, have both parties sign, and present it to the judge for approval. This is the most cost-effective and least stressful route.
2. Contested Modifications: If the parents do not agree, the case proceeds much like a divorce, involving discovery, mediation, and potentially a trial where a judge will decide what is in the best interest of the child.

Take the Next Step Toward a More Stable Future

Your divorce decree shouldn’t be a source of constant stress or a barrier to your child’s well-being. If your current court orders no longer reflect your life in Midlothian or the surrounding Ellis County area, it may be time to seek a legal update that works for your family. At Lundberg Law, we are here to help you navigate the complexities of the Texas legal system with compassion and local expertise.

Click here to schedule a free consultation or call 972-775-3500 now to speak with our team.