Modifying a Standard Possession Order in Texas

Parents in Texas who are no longer in a relationship with one another will want to see that, despite their differences, they are both able to provide their child with a supportive and stable environment in which to grow. Therefore, the parents will either work out a standard possession order out-of-court or one will be decided upon by a judge that meets the child’s needs and allows each parent to have a meaningful relationship with their child.

Sometimes a standard possession order that had been working for years is no longer tenable. When that happens, a parent may want to pursue a modification of the order. However, there are certain elements that must be met to modify a standard possession order. These modifications will be considered on a case-by-case basis.

There are three circumstances in which a standard possession order may be modified:

1. If there has been a material and substantial change in either the parent’s circumstances or the child’s circumstances.

2. If the current order is no longer workable or, due to existing circumstances, is no longer appropriate.

3. If one parent relocated with the child without notifying the other parent 60 days in advance.

Moreover, a child’s needs will change as they grow. Sometimes as time goes by, an original standard possession order is no longer meeting the needs of the child.

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