Is your current visitation schedule no longer working for you or your child?

Families grow, change, and face new challenges—jobs relocate, children grow older, and life circumstances shift. But what happens when your original child visitation order no longer reflects your child’s best interests or your ability to be present? In Texas, the law does allow for changes to visitation schedules, but the process isn’t automatic—and getting a judge to approve the modification requires careful documentation and valid reasons.

At Daniel Ogbeide Law, we understand the frustration and emotional toll that a difficult or outdated visitation arrangement can bring. As one of the best resources for parents seeking guidance in family law matters, we help parents take the right legal steps to adjust their parenting schedules in a way that protects their rights and promotes their child’s well-being. Whether you’re facing resistance from the other parent or simply don’t know where to begin, we can help you move forward.

In this post, we’ll explain how to request a child visitation modification in Texas—from legal grounds and form requirements to filing procedures and what the courts look for when reviewing these requests.

When Can You Request a Visitation Modification?

Under Texas law, you can request a change in the visitation order at any point after the original order has been in place for at least one year—unless there’s a serious situation impacting the child’s safety or emotional development. But having the right to ask doesn’t mean the court will agree. You must show that the change is warranted and that it’s in the child’s best interest.

Common situations that may justify a modification include:

• One parent moves to a new city or state
• A change in the child’s school or extracurricular schedule
• A parent’s work hours have significantly changed
• The child expresses a consistent and mature desire for a different schedule
• Concerns about the child’s safety or welfare during visits
• The custodial parent repeatedly fails to follow the existing visitation plan

Texas courts prioritize the child’s best interest above all. If the requested change supports the child’s well-being—emotionally, physically, and developmentally—it may be granted.

What Forms Do You Need to File?

To formally request a visitation schedule change, you’ll need to file a “Modification of a Court Order Affecting the Parent-Child Relationship” with the court that issued your current order.

Key forms include:

• Petition to Modify the Parent-Child Relationship
  This is the main legal document requesting the change. It should clearly outline what you’re asking for and why.
• Civil Case Information Sheet
  This gives the court basic information about your case.
• Order Modifying the Parent-Child Relationship
  This is the proposed order that the judge may sign if the modification is granted. You must complete it in full before submitting your petition.

In some counties, additional local forms or notices may be required, and courts may have specific rules about serving notice to the other parent.

How to File and Serve the Other Parent

Once you’ve filled out the necessary forms, you must file them with the district clerk’s office in the same court that issued your original visitation order. Filing fees typically range from $15 to $60, though fee waivers are available for those who qualify based on income.

Next, you are required to serve the other parent—meaning you must legally notify them that you are requesting a change. This is usually done through a constable, sheriff, or licensed process server. The other parent then has the opportunity to respond to your request.

If the other parent agrees to the change, the court may approve the new order without a hearing. If they contest it, a hearing will be scheduled.

Proving That a Change is in the Child’s Best Interest

Courts are not likely to approve a visitation modification just because a parent wants more time or convenience. You’ll need to show that something has changed significantly and that your proposed schedule benefits your child.

Helpful evidence can include:

• Work schedules showing a change in availability
• School reports or extracurricular calendars
• Witness statements (from teachers, counselors, etc.)
• Medical records (if health concerns are involved)
• Documentation of violations of the current order

The more clearly you can demonstrate that the new schedule supports your child’s development and safety, the more likely the court is to approve it.

Temporary Modifications vs. Permanent Orders

Sometimes, families need a temporary modification—for example, to accommodate a parent’s deployment, medical treatment, or an emergency situation. In such cases, the court may issue a temporary order until a final decision is made. Always specify whether your request is for a permanent or temporary change.

Frequently Asked Questions

• Q: Do I need a lawyer to file a visitation modification?
  While you can technically represent yourself, the process involves strict filing rules, legal standards, and courtroom presentation. A child visitation attorney can significantly increase your chances of success.
• Q: What if the other parent doesn’t follow the new order?
  Once the court approves the modification, it becomes legally binding. If the other parent violates the order, you can ask the court to enforce it.
• Q: How long does the process take?
  It depends on whether the case is contested. Uncontested modifications may be resolved in weeks, while contested cases could take several months or more.

Is It Time to Reconsider Your Visitation Schedule?

If your child’s needs or your life circumstances have changed, sticking to a rigid or outdated schedule can create unnecessary stress for everyone involved. The courts recognize this and provide legal pathways to adjust visitation—but only when the proper legal steps are followed. Filing for a child visitation modification in Texas requires preparation, accurate paperwork, and a strong case built on what’s best for your child.

At Daniel Ogbeide Law, we help parents make sense of the modification process with experienced legal support and personalized guidance. If you’re looking for a trusted child visitation attorney in Houston, our team is here to provide knowledgeable and determined representation. We’ve worked with parents across the region to help ensure their voices are heard and their children’s needs are prioritized.

Contact Daniel Ogbeide Law today to schedule a consultation with a child visitation lawyer in Houston who understands the legal system and cares about your family’s future. We’re here to help you make the right decisions—because your child deserves a parenting plan that works.