Generally, a suit to modify the parent-child relationship can be brought at any time as long as a prior order is in effect. However, if one party seeks to change the primary conservator within one year of the prior order, that party carries an additional burden.
Under the Texas Family Code, a party seeking to change the primary conservator within one year must file an affidavit in support of the change. The affidavit must show one of the following: (1) the primary conservator is seeking or consenting to the modification and the modification is in the child’s best interest; (2) the primary conservator has voluntarily relinquished primary care of the child for at least six months and the modification is in the child’s best interest; or (3) the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development.
This additional burden is designed to keep people from running back to the courthouse constantly to change custody arrangements. After a year has past, the affidavit is not necessary and either party can file for any reason or no reason at all.