A custody order that worked when your divorce was final can feel completely unworkable a few years later. Your child might be older and involved in new activities, you or your ex may have changed jobs, or someone might be planning a move that makes the current schedule impossible. When that happens, parents often wonder if Collin County courts will let them change the custody arrangement or if they are stuck with what was decided years ago.
Those questions are not theoretical. If the current order does not match your child’s needs or your real-life schedule, it can strain your relationship with your child and increase conflict with the other parent. Many parents in Collin County quietly adjust things through verbal agreements or constant “one-off” changes, then realize they have no protection if the other parent suddenly insists on going back to the old order. Understanding how Texas law treats custody modifications and how Collin County courts handle them in practice helps you make smart choices instead of reactive ones.
Lisa Baker Canterberry, Attorney At Law is a family-owned and operated family law firm with offices in Richardson and McKinney that provides divorce, child custody, and child support representation across Collin, Rockwall, and Denton counties. Attorney Lisa Baker Canterberry has practiced law since 1991 and personally handles custody modification cases from the first meeting through court hearings, without handing clients off to associates or paralegals. The guidance below reflects how Texas law works and how those rules play out in Collin County courtrooms, so you can see whether seeking a modification may make sense for your family.
Contact our trusted family lawyer in Collin County at (214) 367-5026 to schedule a confidential consultation.
When Can You Modify Custody in Collin County?
Under Texas law, custody orders can be modified in the future, but not simply because one parent is frustrated with the existing schedule. A court that issued your original divorce or custody order typically keeps what is called continuing exclusive jurisdiction. That means the same court, often a Collin County district court that handled your divorce in McKinney, usually has the authority to change that order later, as long as certain legal requirements are met.
To modify custody, you generally must show both a material and substantial change in circumstances since the last order and that the requested change is in your child’s best interest. Courts look at the situation as it existed when the last order was signed, then compare it to your situation now. This is why “we argue more than we used to” is rarely enough on its own, while clear, documentable changes in living arrangements, work schedules, or a child’s needs may carry more weight.
Collin County judges also expect parents to respect the original order unless and until it is changed. Even if your family has informally shifted the schedule, police and courts will still enforce the written order if a dispute arises. An attorney who routinely handles modifications in Collin County, such as Attorney Canterberry at Lisa Baker Canterberry, Attorney At Law, can review your existing order, listen to what has changed, and give a realistic assessment of whether the court is likely to consider a modification request.
What Counts as a “Material and Substantial Change” in Texas?
The phrase “material and substantial change” comes from the Texas Family Code, but judges apply it using the facts in front of them. In simple terms, the court wants to see that something important has changed since the last order, not just that normal life has continued. The change can involve a parent, the child, or both, and it must be significant enough that the current order no longer fits your family’s situation.
Some examples that often support a modification request include a parent taking a new job with very different hours, especially if overnight or weekend shifts make the current possession schedule unworkable. A significant relocation, such as moving from McKinney to another county or out of state, can also qualify, particularly if it affects school, exchanges, or the child’s ability to spend time with both parents. Other common material changes include a parent’s serious health issues, substance abuse problems, or new relationships that introduce safety concerns in the home.
On the other hand, courts in Collin County generally do not view minor inconveniences as material and substantial changes. Occasional lateness at exchanges, disagreements over bedtime or homework approaches, or normal parenting differences rarely justify a modification by themselves. Judges know that parenting involves day-to-day friction, and they look for sustained patterns that truly alter the child’s circumstances. This is why it is useful to sit down with a lawyer who has watched Collin County courts grant and deny modifications over many years. Attorney Canterberry draws on decades of experience to help parents distinguish between frustrations that can be addressed through co-parenting tools and changes that are strong enough to take back to court.
How Collin County Judges Apply the “Best Interest of the Child” Test
Even if you can show a material and substantial change, the court will only modify custody if the new arrangement is in your child’s best interest. Best interest is a broad concept, but in practice, Collin County judges tend to focus on several recurring themes. One is stability, which includes where the child lives, attends school, and receives regular care. A proposed change that disrupts school or uproots the child from a familiar support system often faces more scrutiny than one that maintains or improves stability.
Judges also pay close attention to each parent’s capacity to meet the child’s physical and emotional needs. That includes basics like housing, food, and supervision, as well as involvement in school, medical appointments, and extracurricular activities. Courts often look at whether each parent supports the child’s relationship with the other parent, or whether one parent routinely interferes with communication or possession. In a modification case, a pattern of denied visits, hostile exchanges, or refusal to share information can weigh heavily in the best interest analysis.
For older children, their preferences may also play a role. When a child is around age 12 or older, Collin County judges may choose to hear from the child in chambers about where the child would prefer to live primarily. However, the child’s preference is only one factor among many. A judge might respect that preference if it aligns with stability and the child’s welfare, or might decide differently if the preferred environment appears less safe or less supportive. At Lisa Baker Canterberry, Attorney At Law, evidence is prepared and presented with these real-world priorities in mind, such as organizing school records and communication logs that clearly show how a proposed change serves the child’s long term stability and well-being.
Common Reasons Parents Seek Custody Modification in Collin County
Parents rarely seek a custody modification on a whim. Most arrive at that point after months, sometimes years, of trying to make an old order fit a new reality. One common scenario involves a significant job change. For example, a parent who previously worked standard business hours might now have evening or overnight shifts in Plano or Dallas, making mid-week overnights impossible without disrupting the child’s sleep or school routine. When schedules change in ways that consistently conflict with the order, parents often begin exploring whether a modified schedule would better match the child’s daily life.
Relocation is another frequent reason Collin County parents consider modifying custody. A move within the county might simply require adjusting exchange locations or times, while a move further away, such as from McKinney to another county, can affect school enrollment and travel time. In more drastic moves, such as out-of-state relocations, the parenting plan may need substantial restructuring, with one parent having school-year primary care and the other having extended holiday and summer periods. Courts will carefully examine the reasons for the move and its impact on the child’s relationships and routine.
Some situations center on safety or the child’s welfare. If there are allegations of substance abuse, domestic violence, or neglect in one home, the other parent may seek to change primary custody or decision-making authority. In those cases, timing and documentation become especially critical because the court must sort out conflicting claims and focus on protecting the child. There are also less obvious reasons, such as evolving special education needs, new medical issues, or ongoing high-conflict exchanges that cause the child significant stress. Attorney Canterberry works directly with parents to identify which of their concerns are legally significant, what documentation is needed, and how to present those issues to a Collin County judge in a focused, credible way.
The Process to Modify Custody in a Collin County Court
Understanding the basic process helps reduce some of the anxiety around seeking a modification. The process usually begins with filing a petition to modify the parent-child relationship in the court that issued your existing order. If your divorce or prior custody order was entered in a Collin County district court in McKinney, that court typically retains the case. The petition outlines what parts of the order you want to change and why. The other parent must then be formally served or agree to accept service, which ensures they have notice and an opportunity to respond.
In many contested cases, one of the first significant events is a temporary orders hearing. At this hearing, the judge makes short-term decisions about where the child will live, the visitation schedule, and sometimes child support while the case is pending. These temporary orders can set the tone and practical schedule for months, so they require careful preparation. Parents are often surprised by how much evidence, such as texts, emails, or school reports, can be presented at a temporary orders hearing and how quickly a judge may have to make decisions with limited testimony.
After temporary orders, the case typically moves into a period of information gathering and negotiation. Collin County judges frequently encourage or require mediation before a final trial. In mediation, both parents work with a neutral mediator and their attorneys to see if they can reach an agreed modification. If an agreement is reached, it can be turned into a modified order and presented to the court for approval. If not, the case proceeds to a final hearing or trial, where the judge hears full evidence before deciding whether to modify the existing order.
Throughout this process, it is important to keep following the current court order unless and until it is changed. Judges take note of how each parent behaves during the case, including whether they comply with orders and communicate appropriately about the child. At Lisa Baker Canterberry, Attorney At Law, Attorney Canterberry personally prepares clients for each step, from what to expect at a temporary orders hearing in a Collin County courtroom, to how to approach mediation, to what is needed for trial. That consistent guidance can make the process feel less overwhelming and help parents avoid missteps that might harm their case.
Why Informal Agreements Are Not Enough
Many Collin County parents try to work around an outdated order by making informal changes. For a while, that can seem like the easiest path. Maybe you and the other parent decide to swap weekends, adjust pickup times, or even shift to a different weekly schedule that better matches work and school demands. As long as everyone cooperates, things may feel stable. The problem is that none of these changes alter the written order the court issued, which is what police and judges must enforce if a disagreement arises.
Relying solely on informal agreements carries real risks. If one parent becomes upset and decides to “go back” to the original schedule, the other parent has little recourse, even if the child has been doing well under the new arrangement for months. In more serious conflicts, a parent might call law enforcement to enforce the old order, leaving the other parent shocked that the schedule they have been following informally has no legal effect. In extreme cases, a parent who thought they were being flexible may be accused of withholding the child because they deviated from the written order, even with good intentions.
Courts may consider a long-standing informal arrangement as evidence when deciding whether to modify custody, especially if the child is thriving with the new schedule. However, to protect both the child and the parents, those arrangements should be reduced to a written, signed order. An agreed modification can often be prepared and submitted to the Collin County court without a lengthy contested hearing. A small, family-owned firm like Lisa Baker Canterberry, Attorney At Law can work with both parents, where appropriate, to draft an agreed modification that matches what the family is already doing, then secure a formal order so everyone has clear, enforceable expectations.
Mistakes That Can Hurt Your Custody Modification Case
When parents feel that an existing order is harming their relationship with their child, the urge to take matters into their own hands can be strong. However, certain actions can seriously damage your credibility with a Collin County judge. One of the most common missteps is withholding the child or unilaterally changing the schedule in violation of the order, even with the explanation that “the child did not want to go.” Judges expect parents to follow court orders and to encourage the child to follow them as well. Repeated violations can make a judge question whether that parent will respect any future order.
Another mistake is filing for modification over issues that are unlikely to meet the material and substantial change standard. For example, asking the court to intervene because of occasional late pickups, single arguments, or minor differences in parenting style often frustrates judges who see truly serious cases every day. If a parent repeatedly brings weak modification requests, that can harm their reputation with the court and make it harder to be taken seriously when a real problem arises. Careful, honest evaluation with an attorney who knows Collin County judges can prevent this kind of misstep.
Failing to document ongoing issues is also a frequent problem. Parents may tell the court that the other parent has been denying visits or failing to communicate about the child, but without saved messages, calendars, or school records, it becomes a “he said, she said” situation. Collin County judges are more persuaded by clear patterns backed up by written evidence. Keeping a simple log of missed visits, saving relevant texts or emails, and collecting school or medical records that show changes in the child’s behavior can make a significant difference in court.
Because Attorney Canterberry has appeared before local judges for many years, she is candid with clients about whether their situation is ready for court or whether they need more documentation and perhaps additional time to build a strong record. That direct guidance protects parents from rushing into a weak modification case that could waste resources and hurt long-term credibility. It also supports an approach that is truly aggressive where it counts, focusing on well-documented, serious changes that directly affect the child’s best interest.
How Working Directly With an Attorney Helps in Collin County Modifications
Custody modification cases are highly fact-driven. Small details about your schedule, your child’s school performance, or seemingly minor incidents at exchanges can become important in front of a judge. Working directly with the attorney handling your case, rather than being filtered through layers of staff, makes it easier to share these details and adjust strategy quickly as situations evolve. When a new issue arises, such as a sudden move or a string of missed visits, parents benefit from being able to talk straight to the person who will stand up in court for them.
An attorney with deep experience in Collin County family courts can also tailor a strategy to the specific judges and procedures in that courthouse. While no lawyer can predict or control a judge’s decision, familiarity with how local courts schedule hearings, view certain fact patterns, and handle temporary orders provides a practical advantage. That kind of insight helps determine whether to press for an early temporary orders hearing, how to prepare for mediation, and what evidence is most likely to matter at trial.
Lisa Baker Canterberry, Attorney At Law is family-owned and operated, and clients work with Attorney Canterberry directly from the initial consultation through any hearings or mediation. Parents do not have to repeat their story to new people or worry that critical facts will be lost in translation. During a consultation, you can walk through your existing order, describe what has changed, and get an informed view of whether a Collin County judge is likely to see those changes as material and substantial, and whether a modification aligns with your child’s best interest.
Discuss Your Collin County Custody Modification Options With A Seasoned Attorney
Court orders are meant to provide stability for children, but Texas law also recognizes that families’ lives change. When those changes are significant, a carefully planned custody modification can better protect your child’s stability and your relationship with them. The key is understanding how Collin County judges apply the standards of material and substantial change and best interest, and approaching the process with clear documentation and realistic expectations.
No article can weigh every detail of your situation or tell you exactly what a judge will do. What it can do is help you see when it might be time for a closer look at your order and what questions to ask. If you believe your current Collin County custody arrangement no longer fits your child’s needs, consider speaking directly with Attorney Lisa Baker Canterberry about your options. She can review your order, listen to what has changed, and outline a practical path forward.
Contact us at (214) 367-5026 to start your path toward a secure, confident, and positive resolution for everyone involved.