Life changes fast—new jobs, remarriage, changes in a child’s school or health needs, or safety concerns can quickly make an existing custody order outdated. Texas law allows parents and certain other caregivers to request changes that better support a child’s well-being. This guide explains when and how to seek a custody modification in Bexar County, why the “best interest of the child” standard controls, and what’s unique about San Antonio’s Presiding Court system.
1. What Counts as a “Material and Substantial Change”?
Under Texas Family Code § 156.101, a court can change conservatorship (legal custody) or possession and access (visitation) if:
The change is in the child’s best interest, and one of the following applies:
Material and substantial change in the circumstances of the child, a parent, or another affected party since the current order.
Child’s preference—if the child is 12 or older and expresses to the judge which parent should determine primary residence.
Voluntary relinquishment—the primary custodian has given up care for at least six months (military service excluded).
Examples of qualifying changes:
Relocation that disrupts the current schedule
Job changes affecting availability
Domestic violence, substance abuse, or neglect
Serious health problems affecting caregiving
Evolving academic, medical, or special-needs requirements
2. The One-Year Rule (and Exceptions)
To change who decides the child’s primary residence, Texas generally requires a one-year wait from the date of the existing order (Texas Family Code § 156.102). You may file earlier if:
- The current primary custodian requests or agrees to the change
- The child’s environment endangers physical health or significantly impairs emotional development
- The primary custodian has voluntarily relinquished care for six months or more
Changes to visitation (without altering primary residence) can be filed anytime, but still require proof of material change and best interest.
3. Where to File in Bexar County
Texas maintains continuing, exclusive jurisdiction over custody cases. You usually file in the same court that issued the current order, even if a parent moved. If the child has lived in another Texas county for six months, you can request a transfer after filing in Bexar County.
Bexar County uses a Presiding Court system, meaning cases are assigned to whichever family law judge is available that day after a morning docket call. Understanding this process—and the Civil District Court’s standing orders—can help avoid procedural delays.
4. How to File for Custody Modification
- Gather Evidence – Collect documents proving the change (e.g., medical records, school reports, proof of relocation, police reports, visitation logs).
- Prepare the Petition – File a “Petition to Modify the Parent–Child Relationship” and attach required affidavits if within the one-year rule.
- File & Pay Fees – E-file in most cases; current Bexar County filing fee is $401.
- Serve the Other Parent – Service by process server or certified mail unless waived.
- Temporary Orders (if needed) – Short-term orders can address visitation/support but cannot change primary residence unless statutory emergency criteria are met.
- Mediation – Often required before trial; agreements can be quickly approved.
- Final Hearing or Trial – Judge considers evidence and applies the Holley factors.
New Order & Enforcement – Once signed, the new order replaces the old one and can be enforced by contempt, garnishment, or other remedies.
5. The “Best Interest of the Child” Standard
Texas Family Code §§ 153.002 and 156 require courts to prioritize the child’s best interests. Judges often rely on the Holley v. Adams factors, which include:
- The child’s physical and emotional needs (present and future)
- Stability of each home and parental abilities
- Any danger to the child
- Willingness to foster a positive relationship with the other parent
- Available programs to assist the child
- Child’s wishes (if age 12+)
Acts or omissions reflecting the quality of the parent–child relationship
6. Typical Costs
- Filing Fee: $401
- Process Server: $75–$125
- Attorney Retainer (contested): $5,000–$10,000
- Total Legal Fees (contested average): $15,000–$25,000
- Mediation: $350–$750 per parent
- Expert Witnesses: $2,000–$7,500
Courts may shift fees for frivolous or bad-faith filings or in cases of extreme income disparity.
7. FAQs
- How long does it take? Uncontested: ~60 days; contested: 3–6 months; high-conflict: 12+ months.
- Can my teen choose where to live? Only a factor; judge still decides based on best interest.
- Do agreed changes need court approval? Yes—orders are enforceable only when signed by a judge.
- Does changing custody change child support? Not automatically; must request modification or AG review.
What if the other parent moved out of Texas? Texas keeps jurisdiction until all parties and the child leave the state.