Verification in progress. Statute references on this page are being confirmed against current law by a licensed attorney. Use the official sources listed below for the authoritative text.
Key takeaways
- File a Petition to Modify the Parent-Child Relationship in the court of continuing jurisdiction.
- Within one year of the order, changing the primary-residence right requires a supporting affidavit (§156.102).
- A child 12 or older may tell the judge in chambers which parent should designate primary residence.
- Document the change with dates; attach a proposed possession schedule.
Legal / educational information
Standard
Chapter 156 requires a material and substantial change in circumstances of the child, a conservator, or another affected party since the earlier order, and that the requested change is in the child's best interest. Persistent denial of possession, relocation, a parent's schedule change, and a child's changing needs are common grounds. VERIFY: confirm the current Texas Family Code text and section numbers with a licensed Texas attorney before relying on this—the Legislature amends Title 5 in most sessions.
Legal / educational information
Process
Petition to modify → service → temporary orders if needed (an affidavit is required to change primary residence temporarily) → mediation (commonly required by local rules) → hearing. The Attorney General reviews support orders every three years on request.
Frequently asked questions
Any time, but if you seek to change who designates the primary residence within one year, you must file an affidavit showing the child's present environment may endanger the child, the primary parent consents, or the primary parent has relinquished care for at least six months.
Sources
A Father's Fight provides general educational information and personal experiences. It is not a law firm and this page is not a substitute for advice from a licensed attorney in your state. See our disclaimer and editorial policy.