Last updated: July 26, 2026
If you lost custody in Texas — especially through a default judgment — you may still have options to overturn or change the order. The right approach depends on timing and what went wrong in the original case.
How to Overturn a Custody Order in Texas
Yes, but there are different legal paths depending on your situation. The four primary options are:
Option 1: Motion for New Trial (Fastest)
Deadline: ~30 days from the judgment (TRCP Rule 329b)
Best for recent judgments. You must show you didn't intentionally fail to appear and that you have a valid defense. This is often the simplest and most effective option if you're within the window.
Option 2: Bill of Review (Most Important for Older Cases)
Deadline: 4 years from the signing date (Tex. Civ. Prac. & Rem. Code § 16.051)
If deadlines for a new trial have passed, a bill of review may be your path. This applies when you were not properly served, didn't receive notice, or were prevented from participating by fraud or wrongful conduct. You must prove a meritorious defense, that you were prevented from presenting it, and that it wasn't your fault.
Option 3: Appeal (Limited Use)
Deadline: Very short (often 30 days or less)
An appeal challenges legal errors in the judgment. A Restricted Appeal is available within 6 months if you didn't participate and error is apparent on the record. Appeals are more complex and less common in default situations.
Option 4: Modification (Most Overlooked)
Even if you cannot overturn the order, you can file a modification under Chapter 156 if circumstances have materially and substantially changed since the order was entered and modification is in the child's best interest. This doesn't undo the original order but can change custody going forward.
Important: A modification accepts the original judgment as valid. If the judgment was obtained through fraud, a Bill of Review is the stronger remedy because it attacks the judgment itself.
When Overturning a Texas Custody Order Is Most Likely to Succeed
The strongest cases for overturning a custody order involve:
- Improper service: You were never properly served with the lawsuit, or a false Certificate of Last Known Address was filed
- Lack of notice: You were never informed of the hearing date
- Procedural violations: The court did not follow required procedures
- Void judgment: The court lacked jurisdiction over you. A void judgment can be attacked collaterally without a deadline, but only where the defect is apparent from the face of the record. PNS Stores, Inc. v. Rivera, 379 S.W.3d 267 (Tex. 2012). Where the file looks regular because a return falsely recites valid service, you will generally need a bill of review within four years. Do not plan around unlimited time.
Which Remedy Applies to You
| Remedy | Deadline | What you must show |
|---|---|---|
| Motion for new trial | 30 days from signing | The three Craddock elements: absence not intentional or the result of conscious indifference; a meritorious defense set up by affidavit; no delay or injury to the other party. |
| Restricted appeal | 6 months from signing | You did not participate in the hearing, filed no timely post-judgment motion or notice of appeal, and error is apparent on the face of the record. Tex. R. App. P. 30. |
| Bill of review | 4 years from signing | The three Baker elements. If you prove you were never served, Peralta and Caldwell v. Barnes relieve you of the first two. |
| Modification | Any time | A material and substantial change in circumstances since the order, and that modification is in the child's best interest. Chapter 156. |
If notice of the judgment reached you late, Rule 306a may shift the starting date for the first two rows, capped at ninety days from signing and requiring a sworn motion. The Rule 239a page explains that mechanism in detail.
Frequently Asked Questions
Can a custody order be overturned in Texas?
Yes, through a motion for new trial, a restricted appeal, or a bill of review, depending on how long ago the order was signed. If none is available, modification under Chapter 156 can change custody going forward without disturbing the original order.
Is there really no deadline for a void judgment?
Only where the jurisdictional defect appears on the face of the record. If proving the defect requires evidence from outside the record, you need a bill of review within four years.
Do I need a lawyer?
You may represent yourself under Rule 7, and free forms are available through TexasLawHelp. Bills of review are procedurally demanding, and the two-stage structure catches many pro se petitioners. See our legal aid directory for low-cost options.
Will filing hurt my relationship with the other parent?
That is a real consideration, but an unchallenged order hardens over time. Once the deadlines pass, the question shifts from whether the order was properly entered to what has changed since, which is a harder case to make.
What to Do First If You Want to Overturn a Custody Order in Texas
- Get a copy of the court order and note the date it was signed
- Determine whether you were properly served — request the return of service from the clerk
- Calculate your deadlines (30 days for new trial, 6 months for restricted appeal, 4 years for bill of review)
- Act immediately — delay reduces your options and may be held against you
- Consider consulting a Texas family law attorney, or visit our legal aid directory for free resources
How much time do you actually have left?
Enter the date the order was signed and the date you found out about it. You will see which remedies are still open — motion for new trial, Rule 306a, restricted appeal, or bill of review — and how many days are left on each. Free, no signup, nothing leaves your browser.
Check my deadlines →This guide is for informational purposes only and is not legal advice. Consult a licensed Texas family law attorney for advice on your specific situation.