Modifying a SAPCR Order in Texas

When and how you can change a custody, conservatorship, or possession order under Texas Family Code Chapter 156.

Last updated: March 23, 2026

A SAPCR order is not permanent. When circumstances change, Texas law provides a mechanism to modify conservatorship, possession, child support, and other terms. Modification is governed by Texas Family Code Chapter 156, which sets out who can file, what grounds are required, and what procedures apply.

This page is part of our complete SAPCR Texas guide.

What Orders Can Be Modified?

Under § 156.001, the following orders are subject to modification:

The modification is filed as a new suit in the court that has continuing, exclusive jurisdiction over the child — typically the court that entered the original order.

Who Can File for Modification?

Under § 156.002, a modification suit may be filed by:

Notice Requirements

Under § 156.003, the petitioner must serve citation on each person entitled to notice. This includes all conservators named in the existing order and any other party who has court-ordered rights. The service rules under the Texas Rules of Civil Procedure apply, as specified in § 156.004.

Grounds for Modification

Under § 156.101, the court may modify an order that designates a conservator, establishes the terms of conservatorship, or sets the child's residence if:

1. Material and Substantial Change in Circumstances

The most common ground for modification. The petitioner must prove that the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the date of the existing order (or since the date of a mediated or collaborative law settlement agreement that was approved by the court). Examples of material and substantial changes include:

2. Child 12 or Older Expresses Preference

Under § 156.101(a)(2), modification may be granted if the child is 12 years of age or older and has expressed to the court in chambers a preference as to the conservator who has the exclusive right to designate the primary residence of the child. The child's preference alone does not require the court to modify the order; it simply provides an independent ground for the court to consider modification.

3. Voluntary Relinquishment of Primary Care

Under § 156.101(a)(3), modification may be granted if the conservator who has the exclusive right to designate the child's primary residence has voluntarily relinquished the primary care and possession of the child to another person for at least six months. This ground recognizes situations where the custodial parent has effectively transferred care to someone else without a court order.

Modification Within One Year of Order

Under § 156.102, if the modification suit is filed within one year of the date of the existing order, the petitioner faces a higher standard. The court may not modify the order unless the modification is necessary because the child's present environment may endanger the child's physical health or significantly impair the child's emotional development. This higher standard is designed to promote stability and prevent frequent relitigation.

Frivolous Filing Sanctions

Under § 156.005, if the court finds that a modification suit is filed frivolously or is designed to harass the other party, the court may assess attorney's fees as costs against the filing party. This provision discourages the use of modification suits as a weapon in high-conflict custody disputes.

Temporary Orders During Modification

Under § 156.006, the court may issue temporary orders while the modification suit is pending. However, the temporary order may not effectively change the designation of the person who has the exclusive right to designate the child's primary residence unless there is evidence that the child's present circumstances would significantly impair the child's physical health or emotional development. This restriction prevents the filing of a modification suit from becoming an automatic disruption to the child's living arrangement.

Filing Is Not an Admission

Under § 156.007, the filing of a modification suit does not constitute an admission that a material and substantial change in circumstances has occurred. This protects the filing party from having their modification petition used as evidence against them in other proceedings.

Parent vs. Nonparent Modifications

Under § 156.008, enacted by the 89th Legislature through S.B. 2052, when a modification suit involves a parent seeking to modify an order that gave conservatorship to a nonparent, additional requirements apply. In these cases, the nonparent must meet the clear and convincing evidence standard — a higher burden of proof than the preponderance standard used in parent-vs.-parent modifications. This provision reinforces the constitutional presumption that a fit parent should have custody of their child.

How the Modification Process Works

  1. File a Petition to Modify: File in the court that has continuing jurisdiction. Pay the filing fee or request a fee waiver under TRCP Rule 145.
  2. Serve the other party: All conservators and affected parties must be served with citation and a copy of the petition.
  3. Temporary orders: Request temporary orders if immediate changes are needed for the child's safety or well-being.
  4. Discovery: Exchange relevant information with the other party through the discovery process.
  5. Mediation: Most courts require mediation before a modification case can go to trial. See our cost guide for mediation expenses.
  6. Trial: If mediation fails, the case proceeds to trial, where the petitioner must prove the grounds for modification. See our timeline guide for how long this process typically takes.
  7. Modified order: If the court grants the modification, a new order is signed and takes effect immediately unless otherwise specified.

Modifying Child Support

Child support can be modified under § 156.401 if there has been a material and substantial change in circumstances or if it has been three or more years since the order was signed (or last modified) and the monthly amount differs by either 20% or $100 from the guideline amount. Child support modifications follow the same procedural requirements as conservatorship modifications.

Related SAPCR Resources

Primary authorities

The law described on this page, at its source. Statutes and rules are amended; the date above is when this page was last checked against them.