Modifying a SAPCR Order in Texas: What You Need to Know

If you’re co-parenting in Texas under a court order and life has changed since that order was issued, you’re not alone. The law recognizes that families evolve, and what worked a year ago—or even six months ago—may no longer serve your child’s best interests. That’s where a SAPCR modification comes in.

Here’s what you need to know if you’re considering modifying an existing custody, visitation, or child support order in Texas.

What Is a SAPCR Modification?

A SAPCR, or Suit Affecting the Parent-Child Relationship, is the legal framework used in Texas to establish or modify orders related to child custody (conservatorship), possession and access (visitation), and child support.

A modification means asking the court to change some part of the existing order—whether that’s adjusting parenting time, changing who makes certain decisions, or updating support obligations.

When Can a SAPCR Be Modified?

Under Texas Family Code § 156.101, you may request a modification if:

1. The circumstances of the child or either parent have materially and substantially changed since the last order was entered;

2. The child is at least 12 years old and expresses a preference to live with a specific parent (through affidavit or in chambers); or

3. The current order has become unworkable, or one parent is not following the court-ordered terms.

Common examples of changed circumstances include:

• One parent relocating

• Changes in work schedule

• Medical or mental health issues

• The child’s academic or emotional needs

• Repeated communication conflict or noncompliance

What the Court Considers

The court’s guiding principle is “the best interest of the child.” Judges will look at:

• Stability of the home environment

• The ability of each parent to meet the child’s needs

• Evidence of cooperation (or lack thereof) in co-parenting

• Whether one parent is interfering with the other’s rights

Modifying an order isn’t about punishing the other parent—it’s about protecting your child’s well-being.

The Legal Process: What to Expect

Here’s a general overview of how the modification process works in Texas:

1. File a Petition to Modify – This starts the case and outlines what you’re asking the court to change.

2. Serve the Other Parent – Unless it’s agreed, the other party must be legally notified.

3. Temporary Orders (if needed) – If urgent issues arise, the court can put temporary rules in place while the case is pending.

4. Mediation or Negotiation – Most courts require parents to attempt mediation before going to trial.

5. Final Hearing or Agreement – The court issues a final order either by agreement or after a contested hearing.

Do You Need a Lawyer?

While not required, having an attorney can help you present your case clearly, avoid common mistakes, and protect your rights—especially if the other parent is uncooperative or has legal counsel.

If you’re considering modifying a SAPCR order in Texas, I’d be honored to help you understand your options and protect your child’s best interests.

📩 Contact Me today to schedule a consultation.

Kischa Hernandez

Kischa Hernandez is a Texas attorney and founder of the Law Office of Kischa Hernandez, PLLC. With over two decades of legal experience, she brings a well-rounded perspective shaped by her service as a former police investigator, former prosecutor, and now seasoned attorney. For the past 10 years, she has focused her practice on family law, probate, and estate planning—guiding clients through life’s legal transitions with clarity, confidence, and compassion. Through her blog, she shares practical legal insights to empower Texans to make informed decisions and protect what matters most.

https://kischalaw.com/
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