Legal Solutions for Texas Custody Modifications and Enforcements
Parenting doesn’t stop after your custody order is signed—and neither do co-parenting challenges.
At Whitten Legal, we understand how stressful it is when custody arrangements no longer reflect reality—or worse, when they’re being ignored.
Whether your child’s needs have changed, the other parent isn’t following the agreement, or safety is now a concern, it may be time to revisit the court order.
This page overviews how to modify or enforce a Texas custody order. You’ll learn what courts generally require, how long the process typically takes, and what strategies protect your time with your child.
From the very first interaction, it was clear that this wasn’t just a job to him—he treats each client like a human being, with compassion, dignity, and respect. I came to him exhausted, emotionally drained, and unsure of who I could trust. But Greg made me feel heard, protected, and empowered.
I wholeheartedly recommend Greg Whitten to anyone in need of real representation by someone who actually gives a damn.
— Dani Stone, Client and Parent
The Basics of
Texas Custody Modifications
We’re here to help you navigate next steps with clarity, urgency, and strong legal preparation.
When can custody orders be modified?
Custody orders can be modified, for example under Texas Family Code § 156.101, if there’s been a material and substantial change in circumstances, and a change is in the child’s best interest.
Common reasons for
modification include:
- A parent moves or remarries
- Safety concerns arise
- Teenagers express a consistent, mature preference
- One parent repeatedly violates the current order
- A parent achieves more stability
Warning for “DIY”
Custody Modifications
Modifications require formal court approval.
Informal changes between parents are not enforceable without a court order.
Temporary and Emergency Custody Orders
If a child is at risk, courts can issue temporary or emergency orders quickly. Emergency relief may be granted in several situations, including if there is evidence of:
- Abuse or endangerment
- Substance abuse in the home
- Parental instability or abandonment
Judges may issue:
- Temporary Restraining Orders (TROs)
- Temporary custody orders pending a full hearing
- Protective orders when family violence is present
“I don’t even know where to begin. Greg and Hope have been the greatest of help. They helped me with one of the hardest decisions I have ever had to make! He was honest and I mean honest. He doesn’t sugar coat anything, straight forward and definitely knew what the court would do/not do.”
–Brittany, Client
Enforcing a Custody or Visitation Order in Texas
When one parent violates the court order—by withholding possession, failing to return the child, or refusing to follow schedules—enforcement is available.
You can file an enforcement motion seeking, among other things:
- Make-up time with the child
- Fines and attorney’s fees
- Jail time or contempt finding
Also, under a new provision of the Texas Family Code, if a parent is held in contempt three times for withholding possession, the Court can use that as a ground to modify possession and access, and conservatorship rights and duties, against the parent who has repeatedly violated the Order.
Tips for Parents: Documentation matters. Keep texts, emails, calendars, and police reports (if applicable) to show patterns of noncompliance.
Important: Child support and visitation are treated separately. You cannot withhold visitation because the other parent hasn’t paid support, and vice versa.
At What Age Can My Child Choose Which Parent to Live With?
A party can file a motion for the Court to interview the child in chambers.
- If the children is age 12 or older, the Court is required to talk with them.
- If under age 12, the Court may, but is not required, to talk with them.
The parents are not allowed in the interview and are not told by the judge what the children said. This is called an in-chambers interview. However:
- The child’s preference is one factor—not determinative
- Judges evaluate the child’s reasoning and emotional maturity
- The court may override a preference if it conflicts with the child’s best interest
Parents should never coach or pressure a child to choose sides. Doing so can seriously backfire in court.
Frequently Asked Questions
How long will it take to get a temporary custody order?
In emergency cases, a court can issue a temporary order or TRO the same day. Otherwise, temporary hearings usually occur within 2–4 weeks after filing. However, it depends on the specific court’s schedule. Sometimes it can take as long as 2 months.
Do I need to take a parenting class?
In many counties—including Collin County—a parenting class is often required before final orders are signed. Online options are often available.
Can we do mediation instead of court?
Yes. Mediation is strongly encouraged and often required before final trial. Many custody cases settle in mediation, with guidance from counsel.
What happens at a custody hearing?
You (and your lawyer) present testimony, documents, and witnesses. The judge weighs the facts under the best-interest standard and issues temporary or final orders.
What is a parenting plan?
A parenting plan outlines each parent’s rights, possession schedule, decision-making authority, and conflict resolution process. Courts typically incorporate it into final orders.
What’s the difference between custody and conservatorship?
In Texas, “custody” refers to both conservatorship (legal rights and duties) and possession (time). In Texas orders courts use “conservatorship” and “possession and access” instead of “custody”.
Can I get 50/50 custody in Texas?
Yes, if it’s in the child’s best interest. Courts consider proximity, cooperation, and your proposed schedule.
When can a child choose where to live?
At age 12, a child can express a preference—but the judge makes the final decision.
Will the judge speak to my child in court?
Yes, for children 12 and over, if either party requests this the Court is required to speak with the children. If under age 12, the Court can (but is not required to do so). The interview is private and handled with sensitivity. Parents are not allowed to be present.
What if the other parent won’t follow the order?
You can seek enforcement through the court, which may include contempt, fines, or even custody modification.
How long does a modification take?
It depends on the facts and whether it’s contested, but typically 6–12 months in North Texas courts.
Start With a Conversation – Contact Us Today
The first step is a strategic consultation designed around your goals. We'll help you understand your options and plan next steps.
Or Call Us: 972-362-3662