Texas law requires that to modify a custody order, there must be a material and substantial change in circumstance of the child or of a conservator of the child. Parties are entitled to assess child support orders every three years, or based upon a substantial change in circumstance.  Some examples of change in circumstance include relocating for work, the birth of a new child/sibling, or a significant change in income.

     Parties will often discuss necessary modifications to their prior orders and may have agreed to the majority of the changes.  Other times the modifications can be unexpected.  If the parties have been operating under an information agreement for custody, it is wise to have the schedule made into an official order of the court.  Contested modifications of custody can be challenging and may require a social study to determine which parents' home is best for the child.  

     Unlike divorces, there is not a required waiting period to finalize a modification.