Living under a visitation schedule that no longer fits your child’s life can be incredibly frustrating. Every missed evening, rushed exchange, or long drive on a school night can feel like lost time you cannot get back. When your job, your child’s schedule, or the other parent’s behavior changes, it is natural to wonder whether you are truly stuck with the order you have now.
Across Texas, many parents in your position face the same questions. We regularly meet mothers and fathers who are trying to balance new work shifts, school activities, or a co-parent’s relocation with an order that was written years ago. They are not looking for a fight. They want a schedule that reflects their child’s current reality and allows meaningful time with both parents, without putting the child in the middle.
Since 1990, Coontz Cochran has represented families in Burleson, Johnson County, and the Greater Fort Worth area through divorces, custody disputes, and visitation modifications. Attorney Jeff Cochran has handled hundreds of family law matters, including complex possession and access issues, and we build strategies around each family’s specific circumstances. In this guide, we explain when Texas courts will consider modifying visitation rights, how the process works, and what you can do now to put yourself and your child in a stronger position.
Contact our trusted family lawyer in Burleson at (888) 858-0536 to schedule a free consultation.
When Texas Courts Will Consider Changing Visitation Rights
Most Texas parents think of “visitation” as simply when they see their child. Texas law uses slightly different language. The order from your divorce or custody case sets out “conservatorship,” which covers decision-making, and “possession and access,” which is the schedule for when each parent has the child. This article focuses on modifying possession and access, the day-to-day and week-to-week time your child spends with each of you.
Texas courts do not rewrite visitation schedules every time something inconvenient happens. Before a judge can change an existing possession and access order, the parent asking for the change typically must show that there has been a “material and substantial change in circumstances” since the last order was signed, and that the requested modification is in the best interest of the child. In plain language, there has to be a significant shift in the family’s situation, not just a minor annoyance, and the change must help your child, not only make life easier for one parent.
What counts as a material and substantial change depends heavily on the facts. For example, a parent who moves from Burleson to a town an hour and a half away will likely affect school, extracurricular activities, and midweek visitation far more than a move across town. A job change from daytime office hours to a rotating overnight shift can disrupt a parent’s ability to handle Thursday dinners or Friday pickups. A child starting kindergarten, middle school, or high school often brings new activities and demands that make an old schedule unrealistic.
Courts also pay attention to patterns of conduct. If one parent repeatedly refuses to follow the order, interferes with phone calls, or routinely cancels visits without a good reason, that ongoing behavior can support a request to modify. The same is true for serious concerns about substance abuse, domestic violence, or unsafe people in a parent’s household. In our family law practice in Johnson County and Greater Fort Worth, we look closely at the entire picture, including when and how the changes occurred, before advising whether the legal standard is likely to be met.
When we review an existing order with a parent, we are looking for more than one rough weekend or a single missed exchange. We examine the timeline of events since the last order, the current distance between homes, the child’s age and schedule, and both parents’ work situations. Because the material and substantial change standard is highly fact specific, that individualized assessment is often the difference between a modification request that moves forward and one that should be reconsidered.
Common Life Changes That May Justify Visitation Rights Modification in Texas
Many parents come to us after something in their life has shifted, and they are not sure whether it is “big enough” to take back to court. While every case is different, some types of changes come up again and again in Texas visitation modification cases. Understanding how courts tend to view these scenarios can help you decide whether it is time to explore a modification.
Relocation is one of the most frequent triggers. A move that turns a 20-minute drive between homes into a two-hour one-way trip will usually make midweek dinners or school-night exchanges much harder on the child. If the custodial parent moves to a new school district, that can influence how often the other parent can realistically attend events or pick up after school. Judges look at more than just miles. They consider travel time, impact on school, and whether any geographic restriction in the current order has been violated.
Major work schedule changes can also matter. Consider a parent in Burleson who once worked 8 to 5 and could easily handle Thursday overnights and Friday afternoon pickups. If that parent now works a swing shift, alternating between days and nights every other week, the old schedule may leave the child exhausted and exchanges chaotic. Courts are more receptive when a parent can show a sustained change in hours documented by employer records, not just occasional overtime or voluntary schedule swaps.
As children grow, their needs evolve. A schedule that worked in preschool may not fit once a child starts elementary school and has homework, sports, and early bedtimes. Likewise, a teenager involved in high school band, athletics, or part-time work may struggle with lengthy drives for visits that cut into commitments. When we talk about these issues with clients, we look at specifics, such as practice times, travel to and from school, and whether the current order forces the child to miss important activities with either parent.
There are also situations where a child’s health or safety becomes a concern. New medical diagnoses, special needs, or mental health issues can require different routines, medications, or stable environments. If the other parent’s home is no longer safe because of drug use, frequent police calls, or violence, those facts are potentially significant, but they must be backed up with evidence. In our work across Johnson County and the Greater Fort Worth area, we often help parents gather medical records, police reports, or other documentation to show the court that the change is real, ongoing, and affecting the child.
What Does Not Usually Support Changing Visitation Rights
Just as some changes tend to carry weight with judges, there are common complaints that, on their own, rarely lead to a successful modification. Understanding this can save you time, money, and emotional energy, and it helps you focus on issues that truly matter in a Texas courtroom.
Disagreements over parenting styles are a classic example. You may think your co-parent feeds too much fast food, allows too much screen time, or keeps a later bedtime than you prefer. Unless those choices rise to the level of neglect or danger, courts typically view them as differences between households, not reasons to rewrite visitation. Judges know that parents are not identical, and they generally expect a child to adapt to reasonable differences in routines.
Minor scheduling annoyances also tend to fall short. A parent who is occasionally 10 or 15 minutes late to exchanges, or who has missed a small handful of visits over several years, is unlikely to be viewed as a legal problem that calls for a new order. That does not mean your frustration is not real. It means the court has to balance that frustration against the disruption that comes with changing a child’s schedule and the need for long-term stability.
Many parents overestimate the impact of a child’s stated preference. Texas judges can consider a child’s wishes, especially as the child gets older, but the child’s preference is only one factor in a broader best interest analysis. Judges are cautious about putting too much pressure on children to choose between parents. They look at whether the requested change will support the child’s overall well-being, schooling, and family relationships, not just what the child says today.
Another pitfall is relying on informal agreements as if they replaced the court order. Parents sometimes fall into patterns where they swap weekends, skip midweek visits, or gradually shift to an entirely different schedule based on mutual convenience. That can work for a while. The problem is that if the relationship breaks down, the court still enforces the written order, not the informal arrangement. In our consultations, we are honest when we believe a complaint is real but not legally significant, and we often recommend documenting patterns and exploring negotiation before rushing back to court.
How Relocation Affects Visitation Rights Modification in Texas
Relocation is one of the most common reasons parents in Burleson and Greater Fort Worth ask about modifying visitation rights. Moves can happen because of new jobs, remarriage, or a desire to be closer to extended family. Regardless of the reason, a relocation almost always affects how a possession and access schedule works in practice.
Judges look closely at the distance between homes, the child’s school, and any geographic restrictions in the current order. A move from Burleson to another part of Johnson County may still allow midweek dinners and regular weekends with modest driving. A move several hours away, including out of the county or region, can make it unrealistic for a child to travel back and forth on school nights. Courts are particularly cautious about disruptions to school and community ties, such as friends, teams, and church or youth groups.
When one parent moves far enough away that the old schedule no longer makes sense, Texas courts often adjust the pattern rather than simply cut off visitation. For example, a parent who once enjoyed frequent short visits might shift to fewer, longer periods, such as extended weekends, long holiday breaks, and more summer weeks. That can preserve meaningful time with the child while reducing the strain of constant long-distance travel. These adjustments are usually tailored to the child’s age and schedule.
It is important to understand that relocation by either parent, not just the primary conservator, can be a basis for modification. A noncustodial parent who moves significantly farther away may not be able to maintain the same frequency of contact without a serious impact on the child’s routine. On the other hand, a primary conservator who relocates in violation of a geographic restriction, or without discussing the change, may face strong pushback in court.
Timing matters as well. Addressing relocation before a move, when possible, often gives the court more options and can show the judge that you are acting in good faith. Moving first and asking later can create an emergency atmosphere and may lead to temporary orders that are less favorable. Because we have helped many families through relocation-related modifications in Johnson County and surrounding courts, we can talk through both your reasons for moving and the likely impact on your visitation order before you take that step.
The Legal Process to Modify Visitation Rights in Texas
Knowing that a modification might be justified is only half the battle. Parents are often anxious about what actually happens when they ask a Texas court to change visitation rights. Understanding the process can reduce that anxiety and help you make more informed decisions about timing and strategy.
The first step is a careful review of your existing order and a detailed conversation about what has changed since it was signed. If we believe there may be grounds for modification, the next step is usually filing a “petition to modify the parent-child relationship” in the court that issued your current order or in the court that now has jurisdiction. This petition explains what parts of the possession and access schedule you want to change and gives a general outline of the reasons why.
Once the petition is filed, the other parent must be formally served or agree to accept service. Depending on your circumstances, it may be appropriate to request a hearing for temporary orders, especially if there are urgent safety issues or if a relocation has already occurred. Temporary orders are short-term rules that apply while the case is pending. They can address interim visitation, exchanges, and sometimes restrictions intended to protect the child.
Many visitation modification cases involve mediation or negotiation. Texas courts tend to encourage parents to try to reach an agreed modification before setting a contested final hearing. When parents can agree on a revised schedule, the agreement is submitted to the judge for approval. Once signed by the court, it becomes a new enforceable order. In our family law practice, we often help clients negotiate creative schedules that better fit their child’s life while avoiding the stress and cost of a full trial.
If you and the other parent cannot agree, the case proceeds toward a contested hearing. At that hearing, each side presents evidence about what has changed and why the proposed modification is or is not in the child’s best interest. That can include testimony, documents, and sometimes witnesses such as teachers or counselors. Judges pay close attention to whether each parent has followed the current order, how they communicate, and whether they appear focused on the child rather than on scoring points. One of the biggest mistakes we see is parents resorting to self-help, such as withholding visitation, which can severely damage their credibility when they finally stand before the court.
Because we have guided clients through many custody and visitation matters, we know that the process rarely moves overnight. Most modifications unfold over several months, not days. During that time, we help clients gather evidence, prepare for mediation and hearings, and make practical decisions that keep the child’s well-being at the center of the case.
Evidence That Can Strengthen a Visitation Modification Case
Parents often have strong feelings about why a visitation schedule should change. Courts, however, make decisions based on evidence. Knowing what types of proof can support a modification request in Texas can help you start preparing well before you file anything with the court.
One useful type of evidence is a detailed visitation log. This can be as simple as a calendar or spreadsheet where you record each scheduled visit, whether it happened, whether the other parent was on time, and any issues that arose. Over time, these notes can show a clear pattern of missed visits, late arrivals, or last-minute cancellations. That pattern carries far more weight than vague statements like “they are always late” or “they never show up.”
Communication records are also valuable. Text messages and emails that discuss schedule changes, refusals to cooperate, or problems at exchanges can support your description of what has been happening. Screenshots and printouts are often more persuasive than memory alone. When your concerns involve work schedules, pay stubs, or employer letters showing new hours or shifts, they can help confirm that the change is real and ongoing.
In cases involving the child’s needs or safety, school and medical records can be important. Report cards, attendance records, and notes from teachers or counselors may show the impact of constant long drives or unstable schedules on grades and behavior. Medical records or therapist notes can document diagnoses, treatment, or recommendations for consistency. Courts are more likely to take these concerns seriously when they are backed up by neutral records, rather than only one parent’s testimony.
Judges also pay attention to how you have handled the situation up to this point. Parents who follow the existing order, communicate in a businesslike way, and avoid dragging the child into disputes tend to appear more credible. In contrast, parents who retaliate by withholding visitation or bad-mouthing the other parent in front of the child can undermine their own cases. When we work with clients on visitation modifications, we talk candidly about steps they can take now to strengthen their position, including how to document issues without provoking unnecessary conflict.
Agreed Modifications vs. Contested Battles in Texas Visitation Cases
Not every visitation modification turns into a courtroom battle. In many Texas cases, especially where both parents recognize that life has changed, it is possible to reach an agreed modification that better fits the child’s needs. Understanding the difference between agreed and contested modifications helps you think realistically about your options.
An agreed modification occurs when both parents consent to changing the existing visitation schedule. Often this comes after informal discussions or with the help of attorneys or a mediator. The agreed terms are then written into a proposed order and presented to the judge for approval. Once the judge signs it, the new schedule becomes legally enforceable. This route can reduce cost, shorten the timeline, and give parents more control over the details of the schedule.
A contested modification happens when you and the other parent cannot agree. That might be because one parent denies that circumstances have changed, refuses to give up time, or disagrees with the type of schedule you propose. In these situations, the case moves through more formal stages, including discovery and a contested hearing where the judge decides whether the legal standards for modification are met and what schedule is in the child’s best interest. Contested battles can be necessary, particularly when safety is at stake, but they are usually more stressful and expensive.
Even when you aim for agreement, it is important to remember that informal arrangements are not enough. Parents sometimes fall into a habit of “doing what works” without updating the court order. Maybe you agreed to swap weekends during baseball season, or you shifted to more weekday dinners and fewer overnights for a period. Those flexible solutions can be helpful in the short term, but if they become the new normal, it is wise to capture them in a modified order so that both parents have clear, enforceable expectations.
Because we develop custom strategies for each family, we do not push every parent toward the same path. In some Johnson County and Fort Worth area cases, we focus heavily on negotiation and mediation to craft creative schedules that respect work shifts, school commitments, and travel time. In others, especially where there is a history of noncompliance or safety concerns, we prepare from the beginning for the possibility of a contested hearing while still staying open to reasonable compromises along the way.
Preparing to Talk With a Texas Family Law Attorney About Visitation Changes
Once you understand how Texas handles visitation rights modifications, the next step is deciding whether to sit down with a family law attorney to discuss your own order. A little preparation before that conversation can make it more productive and give you clearer guidance about your options.
Start by locating your current court order and any later modifications. Having the full, signed order in front of you makes it easier for an attorney to see exactly what the schedule requires now and whether there are any geographic restrictions or special provisions. It also helps to jot down a brief timeline of key events since that order, including moves, job changes, school transitions, and any serious incidents related to safety or noncompliance.
If you have already begun tracking visitation problems or schedule conflicts, bring those notes and any related text messages or emails. You do not need a perfectly organized binder, but concrete examples of patterns are far more useful than general complaints. Be prepared to discuss your child’s current routine, including school start and end times, extracurricular activities, and any medical or counseling appointments that affect scheduling.
During a free consultation at Coontz Cochran, we review your existing order, listen to your concerns, and walk through the legal standards for modification in straightforward language. We ask questions about the distance between homes, your work schedules, changes in your child’s life, and how the current schedule is working in practice. Our goal is to give you a candid assessment of whether a judge is likely to see your situation as a material and substantial change and what types of modifications may be realistic.
You do not have to have everything figured out before you call. Part of our role is to help you clarify your goals and understand the range of possible schedules that might fit your family. By coming in with your order, a rough timeline, and a willingness to talk honestly about what has changed, you give us the tools to offer specific, practical guidance about your next steps.
Talk With a Local Texas Attorney About Modifying Visitation Rights
Visitation rights modification in Texas is not about punishing the other parent. It is about making sure your child has a schedule that reflects real life and supports stability, safety, and strong relationships. Significant changes in work, school, relocation, or family dynamics can justify asking the court to revisit an old order, but success depends on careful planning, solid evidence, and a clear understanding of what judges in your area look for.
At Coontz Cochran, we have spent more than three decades working with families in Burleson, Johnson County, and the Greater Fort Worth area to adjust possession and access orders when life changes. If you are worried that your current schedule no longer works for your child, we invite you to schedule a free consultation so we can review your order, talk through what has changed, and discuss whether a modification makes sense for your situation.
Call (888) 858-0536 to talk with our team about your options for modifying visitation rights in Texas.