Texas Legal Glossary · Family Law

Modification

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Modification is a new lawsuit under Chapter 156 of the Texas Family Code asking a court to change an existing custody, possession, or child support order because circumstances have materially and substantially changed since the order was signed.

Also called: motion to modify, suit to modify

What modification means in Texas

A modification is a suit to change a prior final order about children. Property terms in a decree are fixed, but orders for conservatorship, possession, and child support can be changed when life changes. Chapter 156 of the Texas Family Code sets the rules, and the parent asking for the change carries the burden of proof.

Under § 156.101, a court may modify conservatorship or possession if the change is in the child’s best interest and one of three things is true: the circumstances of the child or a party have materially and substantially changed since the order, the child is at least 12 and tells the judge in chambers which parent should decide the primary residence, or the primary parent has voluntarily given the child to someone else for at least six months.

How it works in practice

The suit is filed in the court that signed the last order, which keeps continuing jurisdiction unless the child has moved. The case then follows the ordinary path of temporary orders, discovery, and mediation. A modification within one year of the last order is harder: under § 156.102, a parent seeking to change who designates the primary residence must file an affidavit showing the child’s present environment may endanger the child, or that the primary parent consents or has relinquished care.

Child support follows a different test under § 156.401. Support can be modified if circumstances have materially and substantially changed, or if three years have passed since the order and the guideline amount would differ from the current order by either 20 percent or $100 per month.

Why it matters in your case

Orders do not update themselves. A parent who earns half of what he did when support was set still owes the full amount until a court changes it, and arrears cannot be erased retroactively. We file modifications promptly when circumstances shift, because the new order reaches back only to the date the other parent was served.

Example

Keisha’s 2022 decree restricts the children’s residence to Travis and contiguous counties. In 2026 she is offered a job in Dallas and files a modification to lift the restriction. Her ex-husband opposes it. The court weighs the reasons for the move, the children’s ties to Austin, and whether a workable long-distance schedule exists.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.