How To Modify A Parenting Plan In Dallas, TX

Parenting plans are designed to create stability and structure for children after a separation or divorce. But as families grow and life changes, the plan that once worked may no longer reflect your child’s best interests. In Texas, parents can request a modification to a parenting plan, also known as a custody order, when circumstances have changed significantly.

To help parents understand the process, we spoke with Jay Johnson, Senior Attorney at Modern Family Law in Dallas, who offered valuable insights into what courts look for and how families can prepare.

What Does “Material and Substantial Change” Mean?

Under Texas Family Code §156.101, a court may modify a child custody order if doing so is in the best interest of the child and there has been a material and substantial change in circumstances since the last order. Jay Johnson explains, “The term ‘material and substantial change’ isn’t clearly defined in the statute,” says Johnson. “Instead, Texas courts rely on case law to interpret what that means in practice. It’s very fact-specific.”

While courts review these cases individually, certain situations are consistently recognized as a material and substantial change, including:

• A child abuse or family violence conviction

• The death of a parent or conservator

• A relocation that impacts the child’s life

• Changes in employment or income that affect caregiving stability

• New medical, educational, or emotional needs of the child

• The development of substance abuse issues by a parent

These examples help courts determine whether the change is significant enough to justify revisiting the parenting plan.

How Courts Evaluate Remarriage and Blended Families

Many parents assume that remarriage automatically qualifies as a reason to modify custody, but Jay clarifies that’s not always the case. “We see this often: one parent remarries and wants a new schedule. But remarriage alone doesn’t automatically justify modification,” says Johnson. “What matters is how that change impacts the child.”

If a new marriage or blended family disrupts the child’s stability, creates tension at home, or introduces new caregiving dynamics, a court may consider it a substantial change. However, if the child’s daily life remains stable, remarriage alone usually won’t meet the threshold.

What Makes a Parenting Plan Modification More Likely to Be Granted in Dallas?

Jay emphasizes that proving a change isn’t enough on its own. The court must also determine that the modification is in the best interest of the child, a standard guided by the Holley factors, a set of considerations commonly used by Texas courts.

These include:

• The child’s wishes (if they are old enough to express them)

• The child’s emotional and physical needs, now and in the future

• The parental abilities of the person seeking modification

“Judges always come back to the question of what benefits the child,” Johnson notes. “Parents who document the changes clearly through school records, medical reports, or other objective evidence are in a much stronger position.”

Examples of helpful documentation include:

• Report cards or attendance records showing behavioral changes

• CPS or police reports documenting concerns

• Counseling notes or healthcare reports highlighting shifts in a child’s well-being

“Strong documentation makes all the difference,” Johnson adds. “It gives the court a full picture of how the change affects the child and why modification is necessary.”

Financial Changes: Common Misunderstandings

It’s a common misconception that income changes automatically justify a custody modification.

“Financial shifts like earning more or less are usually more relevant to child support than custody,” explains Johnson. “Just because one parent is doing better financially doesn’t mean the court will change the parenting plan.”

In other words, unless the financial change directly affects a child’s welfare or caregiving stability, it typically won’t meet the standard for modifying custody.

How to Prepare Before Filing for a Modification

Before filing, Jay encourages parents to evaluate whether the changes truly rise to the level of being “material and substantial” and to gather clear evidence showing how the child’s life has been affected.

Steps to take include:

1. Consult an experienced family law attorney to evaluate your case.

2. Collect records and documentation demonstrating the change.

3. Avoid informal schedule changes without a formal court order.

4. Focus on your child’s well-being, not personal grievances.

“Every case is unique,” says Johnson. “Dallas judges are thoughtful about these decisions, but outcomes depend on the facts presented. A well-prepared case focused on the child’s best interest always carries the most weight.”

When To Seek Legal Help

Parenting plan modifications can be emotionally charged and legally complex. Working with an experienced Dallas family law attorney ensures you understand your rights and responsibilities and gives you the best chance of success in court.

Whether you’re preparing to file for a parenting plan modification or need help responding to one, our Dallas team is here to guide you every step of the way.
We understand how important these changes are to your family’s future and take pride in helping parents find solutions that support stability, growth, and their child’s best interests.

Visit our Dallas office to speak with an experienced attorney who can walk you through your options and help you move forward with confidence.