713-333-4430Modification in 2026: What Counts as a Material and Substantial Change in Texas Custody or Support?
The child custody arrangement you and your co-parent currently follow is meant to create stability for your child and give you a regular schedule to follow. But life changes, and when it does, your custody order must be able to evolve with it. Job changes, relocations, and a child’s changing needs can all lead to custody modifications. If you’re uncertain whether or not your circumstances count as a “material and substantial change” in Texas, it’s time to reach out to a Houston child custody attorney.
At Boudreaux Hunter & Associates, LLC, we help parents like you navigate initial custody orders, modifications, and other concerns. Attorney Shannon Boudreaux has spent more than 20 years helping families find solutions that fit their unique needs. Call our child custody law firm at 713-333-4430 to schedule a consultation now.
What Texas Law Requires for a Modification
Before a Texas court will allow the modification of a custody or support order, the parent requesting the change has to show two things. First, they have to show that there has been a material and substantial change in circumstances and that the modification they’re requesting is in the child’s best interests.
To determine whether or not there has been a material and substantial change, the court looks at the circumstances that existed when the original order was signed and compares them to the current circumstances.
Minor inconveniences and temporary problems generally do not clear the bar and may not warrant a permanent change to a custody or child support order.
Examples of Changes That May Warrant Custody Modification
When you meet with your child custody lawyer in Texas, they will take a look at the details of your situation and help you understand whether or not your circumstances have undergone a substantial and material change. Examples that may fit this requirement include:
- Major changes in one parent’s living situation: If one parent moves to another city or state, moves frequently or has an unstable living environment, or has living conditions that are unsafe for a child, a change in custody may be granted.
- Concerns about child safety: When one parent has evidence of abuse or neglect, the child has been exposed to domestic violence, or someone moves into the home with a criminal record that puts the child in danger, the court may agree that a custody modification is in the child’s best interests.
- Failure to follow the existing order: Both parents are obligated to follow the terms of the current parenting agreement. When one parent consistently fails to do so and their failures cause stress or inconvenience for the child, the court may change the custody order to benefit the child.
- Changes in the child’s needs: As time passes, a child may experience changes in their medical, developmental, mental health, and educational needs. If one parent is more equipped to meet those needs, the court will take that into consideration.
When a Child’s Preference May Matter
Under Texas law, judges shall interview children who are 12 or older. While a child may voice their preferences regarding where they want to live, they do not get to decide where they want to live. If your child has expressed a preference to live with you or spend more time with you, your child custody attorney can explain potential outcomes of your court filing.
Defining a “Material and Substantial Change” for Child Support
Texas law also requires proof of a material and substantial change in circumstances to award a child support modification. Provide your child custody lawyer with your financial records and evidence to determine whether or not your situation qualifies.
In this scenario, situations that may qualify as a material change include:
- Noncustodial parent’s income has significantly increased or decreased
- Noncustodial parent is responsible for additional children
- Changes in child’s health insurance coverage
- Child now lives with the other parent
Discuss Your Concerns With Our Texas Child Custody Law Firm
If you’re wondering whether your circumstances warrant a change in custody or support, it’s time to meet with our team. We’re here to explain your options and help you decide your next steps. Call us at 713-333-4430 or reach out online to set up a time to talk.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
