Texas Divorce for Couples with Child Custody: Complete Legal Guide to Protecting Your Children’s Future

When parents divorce in Texas, child custody decisions become the most critical and emotionally challenging aspect of the separation. Your children’s wellbeing, stability, and future depend on thoughtful custody arrangements that serve their best interests. At American Counsel, our experienced Texas divorce attorneys specialize in helping parents navigate custody matters while protecting parent-child relationships and ensuring fair outcomes.

This comprehensive guide explains everything you need to know about Texas divorce with child custody, including conservatorship laws, possession schedules, child support calculations, and strategies for reaching agreements that work for your family. Whether you’re in Houston, Dallas, San Antonio, Austin, Fort Worth, or anywhere else across the Lone Star State, we provide expert legal representation during this difficult transition.

Understanding Child Custody in Texas Divorce

Texas uses different terminology than most states when addressing child custody. Understanding these terms is essential for navigating your divorce effectively. Moreover, Texas law strongly emphasizes children’s best interests in all custody determinations.

Conservatorship vs. Custody

Texas law uses “conservatorship” rather than “custody.” Conservatorship refers to the rights and duties of parents regarding their children. Therefore, when discussing custody in Texas, you’re actually addressing conservatorship arrangements.

Additionally, Texas recognizes two types of conservatorship: managing conservatorship and possessory conservatorship. Managing conservators make major decisions about children’s lives. Possessory conservators have visitation rights but limited decision-making authority.

Joint Managing Conservatorship

Texas courts presume that appointing both parents as joint managing conservators serves children’s best interests. Joint managing conservatorship means both parents share decision-making responsibilities. However, this doesn’t necessarily mean equal time with children.

Furthermore, joint managing conservatorship can work even when parents disagree on many issues. Courts assign specific decision-making areas to each parent, reducing conflict potential. For instance, one parent might make educational decisions while the other handles medical choices.

Sole Managing Conservatorship

In certain situations, courts appoint one parent as sole managing conservator. This occurs when evidence shows joint conservatorship would harm children. Factors warranting sole conservatorship include domestic violence, child abuse or neglect, substance abuse, mental health issues affecting parenting ability, or abandonment.

Moreover, the non-custodial parent typically becomes possessory conservator with visitation rights. However, in extreme cases involving child safety, courts may limit or supervise visitation.

Possessory Conservatorship

Possessory conservators have the right to spend time with children according to court-ordered possession schedules. Additionally, they typically pay child support to managing conservators. However, possessory conservators have limited decision-making authority.

Nevertheless, possessory conservators maintain important rights. These include receiving information about children’s education, medical care, and wellbeing. Moreover, they can attend school activities, medical appointments, and other important events.

The Texas Divorce Process with Children

Divorce involving children follows specific procedures designed to protect minors’ interests. Understanding the process helps you prepare effectively and avoid costly mistakes.

Filing the Divorce Petition

The divorce process begins when one spouse files a Petition for Divorce in the appropriate Texas county. If you have children, the petition must address conservatorship, possession, access, and child support. Additionally, Texas requires six-month state residency and 90-day county residency before filing.

Furthermore, the filing spouse serves divorce papers on the other spouse. Service can occur through sheriff’s deputy, private process server, or certified mail with return receipt. Proper service is essential for court jurisdiction.

Temporary Orders

Temporary orders establish guidelines during divorce proceedings. These orders address temporary conservatorship, possession schedules, child support, and use of family residence. Moreover, temporary orders prevent parents from making unilateral decisions affecting children during divorce.

Additionally, temporary orders protect children from conflict and instability. They establish routines and expectations while parents work toward final agreements. Furthermore, temporary orders often form the foundation for final orders.

Mandatory Waiting Period

Texas imposes a 60-day waiting period from filing to final divorce decree. This mandatory cooling-off period cannot be waived except in domestic violence cases. Therefore, even the most amicable divorces take at least two months.

However, most divorces involving children take longer than 60 days. Custody negotiations, discovery procedures, and court scheduling extend timelines. Moreover, contested custody cases can take six months to over a year.

Discovery and Financial Disclosures

Both parties must provide complete financial information. Discovery includes exchanging financial documents, completing inventory and appraisement forms, and responding to information requests. Additionally, accurate financial disclosure is essential for proper child support calculations.

Furthermore, hiding assets or income constitutes fraud and can result in sanctions. Our attorneys ensure clients provide complete, accurate financial information while reviewing spouse’s disclosures for inconsistencies.

Custody Evaluations

In disputed custody cases, courts may order professional custody evaluations. Licensed social workers, psychologists, or custody evaluators assess family dynamics and recommend conservatorship arrangements. Moreover, evaluators interview parents and children, observe parent-child interactions, and review relevant records.

Additionally, evaluators consider children’s ages, needs, parent-child relationships, parenting skills, stability, and other relevant factors. Their recommendations carry significant weight in court decisions. Therefore, cooperating fully with evaluators is crucial.

Mediation Requirements

Texas courts typically require mediation before custody trials. Mediation involves neutral third parties facilitating settlement negotiations. Additionally, mediation often proves more successful than litigation for reaching custody agreements.

Furthermore, mediation costs less than trial and gives parents more control over outcomes. Judges appreciate parents who attempt mediation in good faith. Moreover, settlements reached through mediation are often more detailed and workable than court-imposed orders.

Trial and Final Orders

If mediation fails, cases proceed to trial. Custody trials involve presenting evidence, calling witnesses, and making legal arguments. Additionally, judges consider numerous factors when determining conservatorship and possession arrangements.

Furthermore, trials are stressful and expensive. However, they’re sometimes necessary when parents cannot agree or safety concerns exist. Our experienced trial attorneys present compelling cases protecting your parental rights and children’s best interests.

Child Custody Factors in Texas

Texas courts consider multiple factors when making custody determinations. Understanding these factors helps parents present strong cases and understand likely outcomes.

Best Interest of the Child Standard

All custody decisions must serve children’s best interests. This standard considers children’s physical, emotional, and developmental needs. Moreover, courts evaluate which arrangements promote children’s wellbeing and stability.

Additionally, best interest determinations are fact-specific. What works for one family may not suit another. Therefore, judges consider each case’s unique circumstances rather than applying rigid formulas.

Parent-Child Relationship

Courts examine the emotional bonds between parents and children. Strong, healthy relationships favor custody awards. Additionally, judges consider each parent’s involvement in children’s daily lives, including who provides primary care, attends school events, manages medical appointments, and participates in activities.

Furthermore, continuity matters. Courts prefer maintaining children’s established routines when possible. Therefore, primary caregivers often receive favorable possession schedules.

Parenting Ability and Stability

Judges evaluate each parent’s ability to meet children’s needs. Factors include physical and mental health, parenting skills, employment stability, housing adequacy, and support systems. Moreover, courts consider each parent’s willingness to foster relationships with the other parent.

Additionally, stability is crucial. Frequent moves, job changes, or relationship instability may concern courts. Conversely, stable housing, employment, and lifestyle favor custody arrangements.

Children’s Preferences

Texas allows children aged 12 and older to express custody preferences. While not binding, judges give substantial weight to mature children’s reasoned preferences. Additionally, courts may consider younger children’s preferences depending on maturity and reasoning ability.

However, children shouldn’t feel pressured to choose between parents. Courts distinguish between genuine preferences and parental manipulation. Moreover, judges conduct private interviews ensuring children speak freely without parental influence.

History of Domestic Violence or Abuse

Evidence of family violence significantly impacts custody decisions. Texas law presumes that appointing an abusive parent as managing conservator is not in children’s best interests. Additionally, courts may order supervised visitation or restrict abusive parents’ access.

Furthermore, protective orders affect custody arrangements. Parents with protective orders against them face significant custody challenges. Therefore, safety concerns must be addressed thoroughly during divorce proceedings.

Substance Abuse Issues

Drug or alcohol abuse raises serious concerns about parenting ability. Courts may order substance abuse evaluations, drug testing, or treatment as custody conditions. Additionally, active addiction typically results in restricted visitation or supervised possession.

However, parents who complete treatment and maintain sobriety can rebuild custody rights. Courts focus on current circumstances rather than past issues. Therefore, demonstrating recovery and stability helps custody cases.

Geographic Proximity

Courts prefer conservatorship arrangements allowing both parents frequent, meaningful contact with children. Therefore, geographic proximity matters. Additionally, Texas law allows courts to establish geographic restrictions limiting where conservators can reside with children.

Furthermore, relocation requests require court approval when geographic restrictions exist. Courts weigh relocation benefits against impacts on parent-child relationships. Moreover, these decisions balance parents’ rights to relocate with children’s needs for stability and both-parent involvement.

Standard Possession Order in Texas

Texas law establishes a Standard Possession Order providing default visitation schedules. Understanding this framework helps parents negotiate appropriate arrangements.

School-Year Possession Schedule

During the school year, non-custodial parents typically have possession on the first, third, and fifth weekends of each month from Friday evening through Sunday evening. Additionally, they have possession on Thursday evenings during the school year.

Moreover, the Standard Possession Order includes specific pickup and dropoff times. These default schedules provide structure and reduce conflict. However, parents can modify schedules by agreement when appropriate.

Extended Summer Possession

Non-custodial parents receive extended summer possession, typically 30 days. Additionally, custodial parents have one weekend during the non-custodial parent’s summer period. Furthermore, notice requirements govern summer possession designation.

Summer possession allows meaningful extended time between non-custodial parents and children. This extended period strengthens parent-child bonds and creates special memories. Moreover, it balances annual possession time more equitably.

Holiday Possession Schedule

The Standard Possession Order alternates major holidays between parents. Additionally, specific holidays are designated to each parent every year. For instance, fathers typically have Father’s Day while mothers have Mother’s Day.

Furthermore, holiday possession supersedes regular weekend schedules. Detailed possession orders specify exact possession times, pickup and dropoff locations, and notice requirements. Moreover, clarity prevents disputes and confusion.

Modifications for Distance

When parents live over 100 miles apart, possession schedules change. Extended weekend visitation may not be practical. Therefore, modified schedules provide longer but less frequent possession periods.

Additionally, transportation costs and responsibilities must be addressed. Courts typically allocate travel expenses proportionally based on incomes. Moreover, meeting locations are often selected halfway between residences.

Expanded Possession Schedules

Parents can agree to expanded schedules providing more time than Standard Possession Orders. Common modifications include week-on/week-off arrangements, 60/40 splits, or other creative solutions meeting family needs.

Furthermore, expanded schedules work best when parents cooperate and communicate effectively. Additionally, they require flexibility and commitment from both parents. Our attorneys help negotiate schedules that work practically for your situation.

Child Support in Texas Divorce

Child support ensures children’s financial needs are met after divorce. Texas uses specific guidelines for calculating support obligations. Moreover, understanding these calculations helps parents anticipate financial responsibilities.

Texas Child Support Guidelines

Texas calculates child support as a percentage of the non-custodial parent’s net monthly resources. The percentages are: one child (20%), two children (25%), three children (30%), four children (35%), five children (40%), and six or more children (not less than 40%).

Additionally, net resources include salary, wages, bonuses, commissions, self-employment income, rental income, interest, dividends, and certain other income sources. However, some income is excluded from calculations.

Income Calculations

Determining net resources involves specific calculations. Gross income minus Social Security taxes, federal income tax for single person claiming one exemption, state income tax, and union dues equals net monthly resources for child support purposes.

Furthermore, courts can consider earning capacity rather than actual income. This prevents parents from voluntarily reducing income to avoid support obligations. Moreover, courts impute income to unemployed or underemployed parents when appropriate.

Cap on Child Support

Texas caps the net resources subject to child support guidelines at $9,200 monthly. For income exceeding this cap, courts have discretion to order additional support based on children’s needs. Additionally, high-income cases often involve enhanced lifestyle provisions.

However, guidelines percentages apply to the first $9,200 of monthly net resources. Therefore, parents earning $10,000 monthly don’t pay support on the full amount under guidelines.

Medical Support and Insurance

Child support orders include medical support provisions. Typically, one parent provides health insurance coverage for children. Additionally, parents share responsibility for uncovered medical, dental, and vision expenses.

Furthermore, if employer-provided insurance is unavailable or too expensive, parents may split premium costs. Moreover, courts specify percentages for sharing uncovered expenses, usually proportional to incomes.

Childcare Expenses

Work-related childcare costs are added to basic child support. Parents share these expenses proportionally based on their incomes. Additionally, childcare costs receive special treatment because they enable parents to work and support children.

Furthermore, courts require documentation of actual childcare expenses. Receipts and provider information must be maintained. Moreover, only work-related childcare qualifies for reimbursement.

Duration of Support Obligations

Texas child support continues until children turn 18 and graduate high school, whichever occurs later. Additionally, support continues indefinitely for disabled children unable to support themselves. Moreover, high school graduation must occur before age 19.

Furthermore, support obligations for multiple children step down as each child ages out. Modification orders adjust amounts when support for one child terminates.

Creating Effective Parenting Plans

Detailed parenting plans reduce conflict and provide stability for children. Moreover, comprehensive plans address situations that arise years after divorce, preventing future disputes.

Decision-Making Authority

Parenting plans specify which parent makes various decisions. Major decisions include education, non-emergency medical care, psychiatric and psychological care, and religious training. Additionally, plans can require joint consultation for certain decisions.

Furthermore, emergency medical decisions are typically made by the parent with children at the time. However, the other parent receives prompt notification. Moreover, educational decisions include school selection, special education services, and extracurricular activities.

Communication Protocols

Effective co-parenting requires regular communication. Parenting plans establish communication methods, frequency, and content. Additionally, plans may specify using communication apps, email, or phone calls for different information types.

Furthermore, plans should address how parents share information about children’s schooling, activities, and wellbeing. Moreover, they specify direct child-parent communication arrangements, including phone call schedules and video chat opportunities.

Transportation and Exchanges

Clear transportation provisions prevent conflicts. Plans specify pickup and dropoff times, locations, and responsibilities. Additionally, they address how delays or emergencies are handled.

Furthermore, exchanges at neutral locations sometimes reduce conflict. Schools, public places, or even police stations may serve as exchange points. Moreover, plans specify adult supervision requirements if parents cannot interact respectfully.

Dispute Resolution Mechanisms

Even the best parenting plans cannot anticipate every situation. Therefore, including dispute resolution provisions is essential. Options include requiring mediation before court involvement, designating a parenting coordinator, or establishing communication protocols for resolving disagreements.

Additionally, graduated dispute resolution saves time and money. Parents attempt direct resolution first, then mediation, and court involvement as a last resort. Moreover, these provisions demonstrate commitment to minimizing conflict.

Modification Provisions

Circumstances change as children grow. Parenting plans can include modification provisions addressing how changes are made. Additionally, plans might specify periodic reviews ensuring arrangements continue meeting children’s evolving needs.

Furthermore, flexibility provisions allow parents to modify schedules by mutual agreement without court involvement. However, court orders remain in effect until modified. Therefore, significant changes should be formalized through court approval.

Protecting Your Parental Rights

Divorce doesn’t end your parental relationship with your children. However, protecting your rights requires strategic action and experienced legal representation.

Document Your Involvement

Keep detailed records of your parenting involvement. Document time spent with children, school attendance, medical appointments, activity participation, and financial contributions. Additionally, save texts, emails, and other communications demonstrating your engagement.

Furthermore, documentation proves invaluable during custody disputes. Concrete evidence of parenting involvement carries more weight than general statements. Moreover, records refresh memories and provide specific examples.

Maintain Stability

Courts value stability. Provide consistent housing, maintain employment, and establish routines benefiting children. Additionally, avoid frequent moves, job changes, or relationship instability during divorce proceedings.

Furthermore, stability demonstrates parenting ability and commitment to children’s wellbeing. Moreover, it shows judges you can provide secure environment for children.

Follow Court Orders

Strictly comply with temporary orders and existing custody arrangements. Violations harm your credibility and may result in sanctions. Additionally, following orders demonstrates respect for legal process and children’s needs.

Furthermore, if you disagree with orders, seek modification through proper legal channels. Don’t simply violate orders because you think they’re unfair. Moreover, courts view order violations seriously, particularly in custody cases.

Cooperate with the Other Parent

Courts favor parents who encourage children’s relationships with both parents. Therefore, facilitate contact, speak positively about the other parent, and support their parenting time. Additionally, flexibility and cooperation demonstrate focus on children’s best interests.

Furthermore, documented cooperation strengthens your custody position. Conversely, interference with the other parent’s relationship harms your case. Moreover, courts quickly identify parental alienation attempts.

Attend Parenting Classes

Many Texas courts require parents to complete parenting education courses during divorce. These classes teach co-parenting skills, communication strategies, and ways to minimize divorce’s impact on children. Additionally, voluntary completion before requirement demonstrates commitment.

Furthermore, parenting classes provide valuable tools for navigating co-parenting challenges. Moreover, certificates of completion should be filed with the court.

Special Custody Considerations

Certain situations present unique challenges requiring specialized legal strategies. Moreover, experienced attorneys anticipate these issues and address them proactively.

High-Conflict Divorces

Some divorces involve intense conflict making co-parenting extremely difficult. High-conflict cases may require parallel parenting rather than cooperative co-parenting. Additionally, detailed orders minimizing necessary communication reduce conflict opportunities.

Furthermore, parenting coordinators can help manage high-conflict situations. These professionals make day-to-day parenting decisions when parents cannot agree. Moreover, they reduce court involvement for minor issues.

Military Family Considerations

Military service complicates custody arrangements. Deployments, relocations, and unpredictable schedules require flexible possession orders. Additionally, the federal Servicemembers Civil Relief Act provides certain protections for military members.

Furthermore, Texas law includes specific provisions for military families. Temporary custody modifications during deployment, delegation of visitation to family members, and expedited hearings address military-unique challenges.

Special Needs Children

Children with special needs require enhanced provisions addressing medical care, therapy, education, and other services. Additionally, conservatorship orders should address special needs decision-making and cost allocation.

Furthermore, transition planning for special needs children approaching adulthood is crucial. Moreover, guardianship may be necessary for disabled adult children. Our attorneys coordinate with special needs planners ensuring comprehensive protection.

Relocation Cases

When custodial parents want to move significant distances with children, complex legal issues arise. Texas law requires court approval for moves violating geographic restrictions. Additionally, relocation requests involve balancing custodial parent’s reasons with non-custodial parent’s relationship preservation.

Furthermore, courts consider children’s ages, move distance, reasons for relocation, impact on non-custodial parent relationship, and modifications to possession schedules. Moreover, relocation cases often require trials with extensive evidence.

Substance Abuse Situations

Active substance abuse by either parent raises serious concerns. Courts may order drug testing, treatment, supervised visitation, or restricted possession. Additionally, evidence of recovery and sobriety can restore parenting time gradually.

Furthermore, protecting children from substance-abusing parents is paramount. However, courts also recognize that addiction is treatable and parents deserve opportunities to demonstrate recovery. Moreover, possession schedules can include sobriety conditions and progressive expansion of parenting time.

Texas Cities and Regions We Serve

American Counsel represents parents in custody matters throughout Texas. Our statewide practice ensures experienced representation regardless of your location. Moreover, we understand local court procedures and judicial preferences across Texas’s diverse regions.

Major Metropolitan Areas

We serve Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, Lubbock, Garland, Irving, Amarillo, Grand Prairie, McKinney, Frisco, Brownsville, Pasadena, Mesquite, and all surrounding Harris, Bexar, Dallas, Travis, Tarrant, El Paso, Nueces, and Collin County communities.

Regional Coverage

Additionally, our practice extends throughout East Texas, West Texas, the Panhandle, Gulf Coast, Rio Grande Valley, Hill Country, and all other Texas regions. We represent clients in all 254 Texas counties.

Local Expertise

Furthermore, Texas family law varies somewhat by region. Court procedures, judicial preferences, and local practices differ across counties. Our attorneys understand these variations and adapt strategies accordingly. Moreover, we maintain relationships with local experts, evaluators, and mediators statewide.

Why Choose American Counsel for Your Texas Divorce

Selecting the right attorney significantly impacts your custody case outcome. American Counsel provides advantages that protect your parental rights and your children’s wellbeing.

Focused Family Law Experience

Our attorneys concentrate exclusively on family law matters. We understand Texas custody statutes, appellate decisions, and trial court practices thoroughly. Moreover, our focused practice allows deep expertise in custody negotiations, mediation, and litigation.

Additionally, we handle hundreds of custody cases annually. This volume provides insight into what strategies work and which approaches judges prefer. Furthermore, our experience anticipates issues before they become problems.

Child-Centered Approach

We never lose sight of what matters most: your children’s wellbeing. Our approach focuses on creating custody arrangements that serve children’s best interests while protecting parent-child relationships. Moreover, we discourage using children as pawns in divorce battles.

Additionally, we help parents communicate effectively, reduce conflict, and develop workable co-parenting relationships. Furthermore, we advocate strongly for your parental rights while encouraging reasonable settlements when appropriate.

Aggressive Representation When Needed

While we prefer amicable resolutions, we litigate aggressively when necessary. Our trial attorneys have extensive courtroom experience presenting compelling custody cases. Moreover, we’re not afraid to take difficult cases to trial when children’s safety or your parental rights are at stake.

Additionally, opposing counsel and judges know our reputation. We prepare every case thoroughly and present evidence persuasively. Furthermore, this reputation often leads to better settlement offers.

Transparent Communication

We keep clients informed throughout the legal process. You’ll understand what’s happening, why, and what to expect next. Additionally, we respond promptly to questions and concerns. Moreover, we explain legal concepts clearly without confusing jargon.

Furthermore, we provide realistic assessments of your case. False hope serves no one. Therefore, we explain likely outcomes based on Texas law and your specific facts.

Reasonable Fees

Family law cases can be expensive, especially contested custody matters. We provide transparent fee structures and work efficiently to control costs. Additionally, we offer various payment options making quality representation accessible.

Furthermore, we view litigation as a last resort after exhausting settlement options. Trials benefit only attorneys billing hourly. Therefore, we pursue settlement aggressively while preparing thoroughly for trial if necessary.

Related Family Law Services

Beyond divorce and custody, American Counsel handles comprehensive family law matters throughout Texas. Our services address various family legal needs.

Child Custody Modifications

Circumstances change after divorce. Custody modifications address changed circumstances affecting children’s best interests. We handle modification petitions efficiently, whether seeking changes or defending against them.

Child Support Modifications and Enforcement

Income changes, job loss, or children’s changing needs may warrant child support modifications. Additionally, we pursue enforcement actions when obligors fail to pay ordered support. Our attorneys utilize income withholding, contempt proceedings, and other remedies ensuring children receive support.

Fathers Rights

Fathers face unique challenges in custody cases. We strongly advocate for fathers’ rights, fighting stereotypes and securing fair custody arrangements. Additionally, we handle paternity establishment, conservatorship disputes, and access issues.

Grandparents Rights

Grandparents sometimes need legal intervention to maintain relationships with grandchildren. We handle grandparent access and possession cases, helping grandparents navigate complex Texas laws in this area.

Protective Orders

Domestic violence victims need immediate protection. We help obtain emergency protective orders and represent clients in full hearings. Additionally, we defend against false or exaggerated protective order requests.

Paternity Actions

Establishing paternity creates legal parent-child relationships. This enables custody, visitation, and support orders. We handle paternity cases for both mothers seeking support and fathers seeking parental rights.

Adoption

Stepparent adoptions, relative adoptions, and adult adoptions create legal family relationships. We handle all Texas adoption types, navigating legal requirements efficiently.

Take Action to Protect Your Children and Parental Rights

Your children deserve thoughtful custody arrangements that support their wellbeing and preserve relationships with both parents. Moreover, your parental rights are too important to leave to chance. American Counsel’s experienced Texas divorce attorneys provide the skilled representation you need during this critical time.

Don’t navigate custody matters alone. Insurance adjusters protect insurance company interests; your spouse’s attorney protects their interests. You need an attorney protecting your interests and your children’s wellbeing. Furthermore, early legal guidance prevents costly mistakes and strengthens your custody position.

Phone: [Click to Call – WhatsApp Available]

Email: info@american-counsel.com

Address: Serving all Texas counties and communities statewide

Contact us today for your free consultation. We’ll review your situation, explain your custody options, and outline strategies for protecting your parental rights. Additionally, we’ll answer all your questions about the divorce process, custody factors, and expected outcomes.

Furthermore, time matters in custody cases. Early action preserves evidence, establishes routines, and demonstrates parenting commitment. Delay can harm your custody position. Therefore, consult with an experienced attorney as soon as you contemplate divorce.

Our compassionate attorneys understand the emotional difficulty of divorce with children. We guide you through the legal process while minimizing stress and conflict. Moreover, we focus on solutions that work practically for your family’s unique circumstances.

Call American Counsel now to schedule your free consultation. Let our experienced Texas divorce attorneys protect your children’s future and your parental rights throughout this challenging transition.

Frequently Asked Questions

How is child custody determined in Texas divorce cases?

Texas courts appoint conservators based on children’s best interests. Judges consider parent-child relationships, parenting abilities, stability, children’s preferences (if age 12+), and family violence history. The presumption favors joint managing conservatorship with both parents sharing decision-making. However, one parent typically has primary possession while the other follows a standard possession schedule. Courts can deviate from standards when circumstances warrant different arrangements.

What is the difference between joint and sole custody in Texas?

Texas uses “conservatorship” rather than custody. Joint managing conservatorship means both parents share decision-making about children’s education, medical care, and religious upbringing. However, this doesn’t require equal time. One parent usually has primary possession. Sole managing conservatorship gives one parent exclusive decision-making authority, typically only when joint conservatorship would harm children due to abuse, violence, neglect, or abandonment.

How much is child support in Texas?

Texas calculates child support as a percentage of the non-custodial parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five. Net resources include most income types. Additionally, medical support and childcare expenses are shared proportionally. The guidelines apply to the first $9,200 of monthly net resources. Courts have discretion for income exceeding this cap.

Can I modify custody arrangements after divorce?

Yes, Texas allows custody modifications when circumstances have materially and substantially changed since the last order. Changes must affect children’s best interests. Common reasons include relocation, parent’s lifestyle changes, children’s changing needs, or the other parent’s unfitness. Additionally, children aged 12+ can request modifications. However, modifications usually require waiting at least one year after the previous order unless specific circumstances exist.

What is a Standard Possession Order in Texas?

The Standard Possession Order provides non-custodial parents possession on first, third, and fifth weekends monthly, plus Thursday evenings during school year. Additionally, they receive 30 days during summer, alternating major holidays, and designated holidays annually. The schedule aims to provide approximately 43% annual possession time to non-custodial parents. However, parents can agree to expanded schedules or request court-ordered modifications based on children’s best interests.

Do I need a lawyer for child custody in Texas?

While not legally required, custody cases are too important to handle without experienced legal representation. Texas custody laws are complex, and mistakes can permanently affect your parental rights. Attorneys understand what evidence courts need, how to present compelling cases, and which strategies work. Moreover, represented parents typically achieve better outcomes than those navigating the system alone. The investment in quality representation protects your children’s future and your parental relationship.

How long does a Texas divorce with children take?

Texas requires a 60-day waiting period from filing to final decree. However, divorces with children typically take longer. Uncontested cases with agreed custody terms may finalize in 2-3 months. Contested custody cases often take 6-12 months or longer. Complex cases involving extensive discovery, custody evaluations, or trials can exceed one year. Mediation, cooperation, and realistic expectations help resolve cases more quickly while reducing costs and stress.