Legal Question in Family Law in Texas

You can always file for a modification. They are not easy to get, though, because you have to prove that there has been a material and substantial change in circumstances. If you can get past that burden, you can ask the court to give you a "right of first refusal" so that she has to give you an option to have the child if she cannot do it. Some courts are more likely to do that than others, so you should have a family law attorney who knows the courts in your area.