Custody Modification & Enforcement Attorney in Odessa, Texas
A Texas custody order is not permanent — but modifying it requires meeting a strict statutory standard under Texas Family Code Chapter 156. And when the other parent refuses to follow the order, Chapter 157 enforcement gives you powerful tools including contempt of court, make-up visitation, and even jail time for willful violations.
Robles Family Law handles both sides of this coin in Ector, Midland, Andrews, and Ward County. Whether you need to change the possession schedule because your ex moved, or your ex is denying you weekend visits — we know how to build the record West Texas judges require to grant relief.
Modification & Enforcement Services We Handle
Every custody problem after divorce falls into one of these buckets — and each requires a different legal strategy:
When Can You Modify a Custody Order in Texas?
Under Tex. Fam. Code § 156.101, a court can modify conservatorship if there has been a "material and substantial change in circumstances" AND the modification is in the child's best interest. The change must relate to the child, a conservator, or another party affected by the order — and must have occurred AFTER the last order.
How to Enforce a Custody or Visitation Order in Texas
When your ex refuses to follow the order, Tex. Fam. Code § 157.001 allows you to file a Motion for Enforcement. The court can hold the violating parent in contempt, impose jail time, fines up to $500 per violation, award attorney's fees, and order make-up visitation for every missed period.
The "One-Year Rule" for Modifying Primary Residence
Under Tex. Fam. Code § 156.102, if you are seeking to modify the parent who has the exclusive right to designate the child's primary residence AND the current order is less than 1 year old, you must file a sworn affidavit showing serious child endangerment, the other parent consents, OR the primary-residence parent has voluntarily relinquished the child for 6+ months.
Related Reading from Our Blog
Curated in-depth articles from our attorneys — cited by Texas courts, families, and legal writers throughout the Permian Basin.
Why Choose Robles Family Law for Your Custody Modification & Enforcement Case?
When you're facing a custody modification & enforcement matter, choosing the right attorney can make all the difference. Here's why families throughout Odessa, Midland, and West Texas trust Robles Family Law:
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Custody Modification & Enforcement FAQs - Odessa, Texas
Common questions about custody modification & enforcement in Texas answered by our experienced attorneys.
How do I modify a child custody order in Texas?
You must file a Petition to Modify the Parent-Child Relationship in the court that issued the original order (or the court where the child now resides for 6+ months). You must prove a material and substantial change in circumstances AND that modification is in the child's best interest under Tex. Fam. Code § 156.101.
What counts as a "material and substantial change" in Texas?
Common examples: a parent's relocation, remarriage, job loss or major income change, substance abuse, criminal conviction, new evidence of abuse or neglect, the child's changed needs (medical, educational, emotional), or the child turning 12 and expressing a preference to live with the other parent.
Can I enforce a visitation order if my ex won't let me see my kids?
Yes. File a Motion for Enforcement under Tex. Fam. Code § 157.001. The court can hold your ex in contempt, order make-up visitation, impose fines up to $500 per denied visit, jail time up to 180 days, and award your attorney's fees. Robles Family Law handles enforcement across Ector, Midland, and Andrews Counties.
How much notice do I need to give before modifying custody?
The other parent must be served with the petition and given at least 20 days to respond (plus the next Monday). Emergency modifications with immediate temporary orders can move faster with an affidavit showing serious endangerment.
Can my child choose which parent to live with in Texas?
A child 12 or older can express a preference to the judge in chambers (Tex. Fam. Code § 153.009), but the judge is not required to follow it. The child's preference is one factor among many under the best-interest standard.
What is contempt of court in a custody case?
Contempt is a finding that a parent willfully violated a clear court order. To prove contempt, you must show: (1) a valid order exists, (2) the parent knew about it, and (3) the parent violated it. Consequences include jail, fines, and attorney's fees.
Can I be jailed for violating a custody order in Texas?
Yes. Willful violation of a clear custody or visitation order can result in criminal contempt with up to 6 months in county jail per separate violation. Judges in Ector and Midland County frequently impose jail time for repeat violators.
How much does a custody modification cost in Odessa?
Uncontested modifications can be finalized for $1,500–$3,000. Contested modifications typically range from $5,000–$15,000+ depending on discovery, experts, and hearings. Robles Family Law offers flexible payment plans and transparent pricing.
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