How to Modify or Enforce a Custody Order in Texas
A family court order is not the end of the case. It is the rulebook everyone lives by afterward. Sometimes the rulebook stops fitting, and sometimes the other side stops following it. Texas has a separate process for each problem. If you want to modify a custody order in Texas, or enforce one, the first step is knowing which case you are filing.
This post explains both in plain language. It does not predict an outcome.
Do you need a modification or an enforcement?
Modification changes the order going forward, because circumstances have changed.
Enforcement makes a person follow the order as it is written, and addresses past violations.
One rule applies to both. An order stays in force until a court changes it. A parent cannot withhold possession because support is unpaid, or stop paying support because possession was denied. Each problem has its own remedy in court.
Where do you file in Texas?
The court that made the order usually keeps the case. Texas calls this continuing, exclusive jurisdiction (Texas Family Code § 155.001). If the child has lived in a different Texas county for six months or longer, the case can be transferred there (§ 155.201).
What do you have to prove to modify a custody order in Texas?
The change must be in the child's best interest, and one of these must be true (§ 156.101).
The circumstances of the child or a parent have materially and substantially changed since the order.
A child who is at least 12 has told the judge in chambers which parent the child prefers to decide the child's primary residence.
The parent with the right to decide the child's primary residence has voluntarily given up primary care of the child for at least six months.
Timing matters. A request filed within one year of the order to change which parent decides the child's primary residence must come with a sworn statement of specific facts, such as facts showing that the child's present environment may endanger the child's physical health or significantly impair the child's emotional development (§ 156.102). Child support has its own modification test (§ 156.401).
How does enforcement of a Texas family court order work?
A motion for enforcement has to be specific. It must identify the provision of the order that was violated, describe how and when it was violated, and state the relief requested (§ 157.002). A motion that is vague can be thrown out.
The remedies include a money judgment for unpaid support, additional periods of possession to make up for time that was denied, attorney's fees and contempt of court. Contempt can mean a fine and time in jail for each violation. Because jail is possible, the person accused has important rights, including the right to a lawyer.
What if the order is too vague to enforce?
An order can only be enforced by contempt if it is specific enough for a person to know exactly what to do. If it is not, the court can clarify the order on a motion to clarify, and the clarified order can be enforced going forward (§ 157.421).
What happens after you file?
The other side must be served and has a deadline to respond. The court can make temporary orders while a modification is pending. Most cases go through discovery and mediation before a final hearing. If both sides agree, the case can end in a short hearing where the judge approves the agreed order. Deadlines to appeal are short, often 30 days from the date the order is signed.
Frequently asked questions
How long do I have to wait to modify a custody order in Texas?
There is no general waiting period. A request filed within one year of the order to change which parent decides the child's primary residence must meet a higher standard and include a sworn statement of specific facts (§ 156.102).
Can I withhold visitation if the other parent does not pay child support in Texas?
No. Possession and child support are separate obligations. Each is enforced through the court, and denying court-ordered possession can expose a parent to enforcement.
What is the penalty for violating a custody order in Texas?
A court can hold a person in contempt, which can include a fine and jail time for each violation, and can order makeup possession and attorney's fees.
Get the full guide
Get Modifications & Enforcement of Family Court Orders as an eBook to follow each case from the first filing to the final hearing, appeals and motions to clarify. Read Modifications & Enforcement of Family Court Orders.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Texas attorney.
