Custody Modification
Changing an order after circumstances change.
Best interest is the whole test
Every conservatorship and possession question in Texas runs through one standard: the best interest of the child is always the primary consideration (Tex. Fam. Code § 153.002). The public policy behind it is written into the code — frequent and continuing contact with parents who have shown they can act in the child's best interest, a safe and stable environment, and shared rights and duties after separation (Tex. Fam. Code § 153.001).
One provision the code makes explicit: a court may not condition a parent's right to possession or access on paying child support. Support and possession are separate obligations. Withholding a child over unpaid support is not self-help — it is a violation of the order.
How This Plays Out in Practice
Changing an order after circumstances change. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
Can my 12-year-old decide which parent to live with?
A child cannot decide, but a child 12 or older has a right to be heard. Under Texas Family Code § 153.009, on a party's application the judge must interview a child 12 or older in chambers about conservatorship or about who determines primary residence. The judge weighs the child's wishes alongside every other best-interest factor and is not bound by them.
Can I stop visitation if my ex is behind on child support?
No, and doing so puts you in violation of the order. Texas Family Code § 153.001(b) forbids a court from conditioning a conservator's right to possession or access on the payment of child support. The two obligations are enforced separately. Unpaid support is addressed through an enforcement action, not by withholding the child.
What does it take to change a custody order?
Under Texas Family Code § 156.101, modification requires that the change be in the child's best interest plus one of several grounds: a material and substantial change in circumstances since the order was rendered, a child 12 or older telling the court in chambers who they want to determine primary residence, or the conservator with that right having voluntarily relinquished primary care for at least six months.
What is a standard possession order?
It is the possession schedule set out in Subchapter F of Chapter 153. Texas Family Code § 153.252 creates a rebuttable presumption that it provides reasonable minimum possession for a parent named possessory conservator or joint managing conservator and is in the child's best interest. Section 153.316 sets general terms that apply regardless of how far apart the parents live.