After filing a modification case with the Court, but before the Court makes its final decision whether to modify the previous custody order, the Court must decide what will happen during this interim period. This period is governed by the “Temporary Orders.”
Changing or flipping primary custody at temporary orders in a modification case can occur in very limited circumstances. The change in primary custody need to be in the child’s best interest, and the Court must find that one of the following is true:
“(1) the order is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development;
(2) the person designated in the final order has voluntarily relinquished the primary care and possession of the child for more than six months; or
(3) the child is 12 years of age or older and has expressed to the court in chambers as provided by Section 153.009 the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child.” Texas Family Code 156.006(b)
However, the presumption in Texas is for parents to be appointed joint managing conservators of the child, where each parent has the ability to make these decisions. Accordingly, if you want to be appointed a sole managing conservator then you will need to rebut this presumption and show why it is not in the best interest of the child for both parents to make these decisions.
I recommend consulting with an experienced family law attorney who can assist you in determining how to best achieve your objectives.