[TX] Can a custody modification agreement grant sole custody when the custodial parent is in hospice?

TX Family

Hey there. I made a modification agreement for custody and child support because the custodial parent (Mom) has been admitted to hospice care. Will this document be sufficient to file for sole custody?

January 14, 2026

Andres Sanchez

22,292 satisfied customers

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In Texas, custody can be modified if there’s a material and substantial change and the change is in the children’s best interests (Tex. Fam. Code § 156.101(a)(1)). Hospice admission can qualify. Your wording should clearly state:

Sole custody to the father
Specific visitation limits and conditions (Tex. Fam. Code § 153.193)
Child support termination date
That the change is due to hospice admission
That the agreement is in the children’s best interests
That all terms are subject to court approval (Tex. Fam. Code § 156.401)

Texas Custody (Parenting) Plan

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Lexi, Chatbot

I’m sorry you’re going through this. Has the modification agreement been formally signed by both parties?

No. I plan to submit it to her informally to sign, to avoid future court hearings given her condition.

Lexi, Chatbot

Do you currently have any court orders for custody or child support that this would modify?

Yes, a temporary custody agreement filed in August 2023.

Lexi, Chatbot

Is there anything else the family lawyer should know?

Our lawyer advised trying to mediate first before serving her with a court hearing.

Andres Sanchez

Hi, I’m Andres Sanchez, an attorney. Have you included specific custody or visitation terms in the agreement?

Yes. I included Tuesday/Thursday after-school visits for 1–2 hours if schoolwork allows, every other weekend for 4–6 hours, phone access so the children can end visits early, child support ending immediately, and sole custody to the father.

Andres Sanchez

Which state and county are involved?

Texas. The original order is from Henderson County. Both parties now live in Anderson County.

Andres Sanchez

Have you considered whether jurisdiction needs to change?

No. We have counsel, and the modification will be filed in Henderson County.

Andres Sanchez

Sole custody to the father
Specific visitation limits and conditions (Tex. Fam. Code § 153.193)
Child support termination date
That the change is due to hospice admission
That the agreement is in the children’s best interests
That all terms are subject to court approval (Tex. Fam. Code § 156.401)

Thank you.

Andres Sanchez

22,292 satisfied customers

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