Fort Worth Custody & Child Support Modification Lawyer
The order that fit your family three years ago may not fit today. Daniell Law Group helps parents across Fort Worth, Arlington, and Mansfield modify custody, possession, and child support orders so they match real life, with a litigator who handles your case from the first call to the final order.
- Free, confidential consultation
- You work directly with Emily
- A litigator from intake to trial
When life changes, your order can change with it.
A custody or support order is a snapshot of your family at the moment it was signed. Then life keeps moving. Jobs change, parents remarry, someone needs to move, a child's needs grow, or the schedule that once worked becomes a monthly fight. When the order no longer matches reality, following it gets harder and harder, and changing it informally puts you at risk.
Texas law accounts for this. Chapter 156 of the Texas Family Code lets a court modify conservatorship, possession, and child support when circumstances have changed in a material and substantial way and the change serves the best interest of the child. The standards are specific, and meeting them takes preparation, but this is a well-worn path. Modifications are one of the most common family law cases in the Tarrant County courts, and they are a significant part of our practice.
At Daniell Law Group, you work directly with Emily Daniell. She will tell you honestly whether your situation meets the legal standard, what evidence the court will want to see, and what outcome is realistic, before you spend money on a case that is not ready.
We handle modifications for parents across Fort Worth, Arlington, Mansfield, and the wider DFW Metroplex. Modifications often grow out of the orders we cover on our child custody and divorce pages, and they are one part of our full family law and probate practice.
Modifications we handle
If a court signed it, a court can change it. These are the orders we help parents modify.
Emily Daniell
When you hire Daniell Law Group, you work with Emily Daniell herself. Not an intake team, not a rotating associate. She handles your case from the first consultation through the final decree, so you always know who is in your corner.
Emily is a litigator who prepares every case as if it will be tried, and her own experience with divorce and co-parenting shapes how she meets clients during a hard chapter. She gives you honest answers and steady communication when you need them most.
- EducationJ.D., Texas Wesleyan School of Law
- LicensedState Bar of Texas, since 2009
- FocusFamily law & probate litigation
Dads, the law is not stacked against you.
Many fathers live under orders they accepted years ago, when they were told a standard weekend schedule was the best they could get. Then life proves otherwise. You have been the consistent parent, your child is older and wants more time with you, or your circumstances have changed in ways the old order never anticipated.
Texas law is explicitly gender-neutral. Courts cannot favor a mother over a father because of sex, and a father seeking more time, the right to designate his child's primary residence, or a support order that reflects real numbers stands on the same legal footing as anyone else. What wins a modification is evidence: your involvement, your stability, and a material change since the last order.
A significant share of the modification clients we represent are fathers, and we represent mothers with equal commitment. The standard is the same for everyone: what has changed, and what arrangement serves your child now.
Moms, the order should keep up with the load you carry.
For many mothers, the problem is not the order itself. It is that the order was written for a life that no longer exists. The child support was set when the other parent earned far less than they do now. The possession schedule assumed a co-parent who shows up on time, every time. The expenses in the order do not touch what school, medical care, and activities actually cost today.
Modification is how the order catches up. We help mothers raise support when the other parent's income has grown or a child's needs have, adjust schedules that no longer work, add protections when there are real concerns about what happens in the other home, and pair a modification with enforcement when the current order is being ignored on top of being outdated.
The court will not fix what it does not see, and the evidence you keep now, expense records, the missed exchanges, the pattern in the messages, is what carries these cases. If you are also weighing a divorce or just starting this process, our divorce representation for women page speaks to that stage directly.
How a modification works in Texas
Modification cases follow a defined path through the Texas Family Code. Knowing the rules before you file saves time, money, and leverage.
- 01
The legal threshold
Most modifications require a material and substantial change in circumstances since the last order, plus proof that the change you want serves the best interest of the child. A child 12 or older can also share a preference with the judge in chambers.
- 02
The one-year rule
Asking to change which parent decides the child's primary residence within one year of the order requires a sworn affidavit showing serious grounds, such as danger to the child or the other parent's consent. Timing shapes strategy.
- 03
The three-year rule for support
Child support can be reviewed without proving a major life change if three years have passed and the guideline amount would differ by 20 percent or $100 per month. Many parents are owed an adjustment and do not know it.
- 04
Filing the petition
The case is filed in the court that issued your current order, which keeps continuing jurisdiction over your child. For most Fort Worth, Arlington, and Mansfield families, that is a Tarrant County family district court.
- 05
Agreement, mediation, or hearing
Many modifications settle once both sides see the evidence. Tarrant County courts typically send contested cases to mediation before trial. If your case needs a courtroom, Emily is a litigator who prepares every case to be tried.
- 06
The new order
Until the judge signs the new order, the old one controls. Keep following it, even informally changed arrangements, because violating the existing order can damage the case you are trying to win.
What counts as a material and substantial change
There is no fixed list in the statute, but Texas courts recognize consistent patterns. These are the changes that most often support a modification.
Trusted in the
hardest chapters.
Family law and probate work asks for trust before it earns it. The clients below extended that trust and chose to share what came after.
I cannot recommend Emily highly enough for anyone in need of family law representation in the DFW area. Emily guided me through a challenging custody case in Tarrant County with an exceptional level of professionalism and dedication.
Emily made a difficult situation easier to navigate. The entire staff were both professionally and personally attentive to my needs. Always gave weekly updates and guided me step by step on what I needed to do. I would highly recommend their services.
Emily did a wonderful job helping me with the probate process. Fantastic at communicating, especially with the weekly updates, great reliability, and delivered quick results. I would absolutely use her again in the future.
They handled a probate matter for me that just wrapped up. Emily was knowledgeable, kind and handled things quickly and efficiently. This firm is fantastic and doesn’t leave you feeling like you wasted your time or money.
I cannot recommend Emily highly enough for anyone in need of family law representation in the DFW area. Emily guided me through a challenging custody case in Tarrant County with an exceptional level of professionalism and dedication.
Modification questions, answered
You file a petition to modify in the court that issued your current order. To win, you generally must show a material and substantial change in circumstances since the order was signed and that the change you are asking for is in your child's best interest. The process can end in an agreed order, a mediated settlement, or a contested hearing.
Common examples include a significant income change, a move or planned relocation, remarriage or new people in the child's home, a change in the child's needs, family violence or substance abuse, or a parent voluntarily leaving the child in the other parent's care for six months or more. The court looks at your specific facts, not a checklist.
Yes. If three years have passed since the last support order and the amount under the current Texas guidelines would differ by 20 percent or $100 per month, the order can be reviewed without proving a material and substantial change. Many parents qualify for this adjustment without realizing it.
Yes. Texas law forbids courts from favoring one parent over the other based on sex. A father who has been consistently involved and can show a material change since the last order stands on equal legal footing, whether he is seeking more time, primary residence, or a support adjustment. Fathers make up a significant share of our modification clients.
You can agree, but the agreement is not enforceable until a judge signs it as a new order. Informal arrangements work only as long as both parents cooperate, and the parent who relies on one has no protection when cooperation stops. If you both agree, an agreed modification is usually fast and affordable. Make it official.
There is no general waiting period if you have grounds. The main exception: asking to change which parent has the exclusive right to designate the child's primary residence within one year of the order requires a sworn affidavit showing serious grounds, such as danger to the child's health or emotional development, or the other parent's agreement.
Yes. The existing order stays fully in effect until the court signs a new one, and falling behind can hurt both your finances and your case. A modification can generally reach back only to the date the petition was filed, which is one more reason to file promptly rather than wait.
Yes. The first call is free, confidential, and obligation-free. Tell us what has changed since your order was signed, and we will tell you honestly whether it meets the legal standard and what the realistic path looks like.
A conversation,
in confidence.
Every consultation is private and obligation-free. Tell us what is happening, and we will tell you, honestly, how we can help.