Divorce with Children in Texas

Divorce with children in Texas isn’t just about ending a marriage — it’s creating enforceable plans for custody, visitation, and child support. Judges review these cases closely, and DIY filings often get rejected for missing details or incorrect calculations.

We prevent that. Our team drafts every required document — from conservatorship orders to possession schedules and child support worksheets — written exactly the way Texas courts expect. With paperwork done right the first time, your case moves forward without delays.

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The Legal Framework in Texas (What the Court Must Decide)

Texas divorces are governed by the Texas Family Code and filed in the District Court (or a statutory county court with family jurisdiction) in the county where either spouse resides. You can file no-fault (“insupportability”) or fault-based; most parents choose no-fault to reduce conflict and keep the focus on the kids.

When minor children are involved, the court must resolve:

• Conservatorship (who has which parental rights and duties),
• Possession and access (the parenting-time schedule),
• Child support (amount, payment method, medical support),
• Plus property division and, where applicable, spousal maintenance.

Every decision turns on one standard: the best interest of the child.

Conservatorship (Custody): Who Decides What

Texas uses conservatorship rather than “custody.” There are two primary structures:

• Joint Managing Conservatorship (JMC): The default in most cases. Both parents share major decision-making authority. One parent is often given the exclusive right to establish the child’s primary residence (sometimes with a geographic restriction).
• Sole Managing Conservatorship (SMC): One parent holds most decision-making rights. This is less common and typically reserved for situations involving family violence, neglect, substance abuse, or other facts showing that joint authority would not be in the child’s best interest.

Judges weigh the child’s physical and emotional needs, each parent’s stability, the child’s relationship with each parent, any safety concerns, and (if the child is 12+) the child’s stated preference. Courts generally favor JMC because it preserves meaningful involvement by both parents, but the exact mix of rights and duties is tailored case-by-case.

Conservatorship language must be specific — who can consent to elective procedures, who chooses schools, who can access records, how tie-breakers work if parents disagree. We translate your agreement into clear, judge-ready orders that avoid vague “we’ll figure it out later” phrasing that leads to rework.

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Possession and Access (Parenting Time): The Schedule That Runs Your Life

Texas provides a well-known default, the Standard Possession Order (SPO). In its common form (for parents who live within 50 miles), the non-primary parent typically has:

• 1st, 3rd, and 5th weekends,
• A weekday evening during the school term,
• Alternating holidays, and
• Extended summer time.

There are variations: Expanded SPO (longer weekday periods and Sunday returns), distance-based adjustments, and custom schedules to fit shift work, long commutes, or special needs. Judges will approve a modified plan if it’s clear, workable, and aligns with the child’s best interest.

We write schedules with the right level of detail so your decree is enforceable yet still practical for real family life.

Parenting Plans in Texas: Putting It All in One Place

Texas doesn’t call it a “Parenting Plan” in the same way some states do, but your decree (and any incorporated order) must cover the same core topics:

• Conservatorship rights and duties (joint vs. exclusive),
• The possession schedule (regular weeks, holidays, summer),
• Geographic restriction (e.g., county and contiguous counties),
• Decision-making mechanics (how ties are broken),
• Communication and information rights,
• Dispute-resolution provisions, where appropriate.

Judges reject vague orders. We structure your terms in the same layout courts expect, using Family Code language and proven phrasing that keeps the clerk — and the judge — on board.

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Child Support in Texas: Percentages, Net Resources, and Medical Support

The Percentage Formula

Under Family Code Chapter 154, guideline support is a percentage of the obligor’s net resources:

• 20% for one child
• 25% for two
• 30% for three
• 35% for four
• 40% for five or more

“Net resources” include wages, salary, commissions, bonuses, and similar income, minus allowed deductions (taxes, union dues, and the child’s health-insurance premium). Courts also consider other children the obligor supports and apply the statutory cap on net resources. (If the obligor has additional children in another household, guideline percentages adjust downward.)

Beyond the monthly amount, Texas orders must address:

• Medical support (who carries health insurance),
• Uninsured medical costs (usually split), and
• Childcare or educational expenses if agreed/ordered.

Even if parents agree to “no support,” judges rarely approve it unless the numbers and circumstances strongly support a deviation — and the decree explains why it’s still in the child’s best interest.

We calculate guideline support, apply the cap and “other child” adjustments when relevant, and include the required medical-support findings. That keeps your case out of the “revise and resubmit” pile.

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Enforcement and Changes Later

Texas child support orders are enforceable through wage withholding, license suspension, liens, tax refund intercepts, and contempt. Courts typically sign a Wage Withholding Order so payments flow through the Texas Child Support Disbursement Unit in San Antonio (not directly between parents).

Support can be modified if there’s a material and substantial change (e.g., job loss, big income shift, new medical needs) or if three years have passed and the guideline amount differs by a set threshold. Adjustments require updated financial information and a formal request — not just a handshake deal.

Required Classes and Geographic Restrictions

Some counties require a parent education course before a divorce with children is finalized. Many decrees also include a geographic restriction (e.g., current county and contiguous counties) to preserve frequent contact with both parents. We reflect these realities in your orders so nothing is missing at judgment.

Timeline: How a Texas Divorce with Children Moves From Start to Finish

Even uncontested cases have more steps when kids are involved. A typical path looks like this:

1. Drafting the Case
   You’ll need an Original Petition for Divorce, precise conservatorship and possession terms, child-support calculations, sworn financial disclosures, and (if uncontested) a Mediated/Marital Settlement Agreement or agreed orders. Precision here saves months later.
   
   We prepare the full set of draft documents tailored to your county and judge expectations.
   
   
2. Notarization of Key Documents
   Affidavits, waivers of service, and certain agreements must be notarized. Missing notarizations are a leading cause of rejection at filing.
   
   
3. Filing and Case Opening
   File in the correct county (residency prerequisites: 6 months in Texas and 90 days in the county). You’ll pay filing fees and receive a cause number.
   
   
4. Service (or Waiver)
   If uncontested, the respondent can sign a Waiver of Service (properly notarized). If not, formal service is required. Improper service stalls cases for weeks.
   
   
5. Waiting Period
   Texas imposes a minimum 60-day waiting period from filing before entry of the Final Decree (exceptions are rare). Cases with children often take longer due to court review.
   
   
6. Temporary Orders (Optional)
   If needed, courts can issue temporary conservatorship, possession, child support, or exclusive use of the residence orders. Each hearing adds time.
   
   
7. Parenting Class (If Required Locally)
   Some counties require completion and proof of a parenting class before the final hearing.
   
   
8. Financial Exchange and Finalization Prep
   Sworn inventories, pay stubs, insurance documentation, and any final support numbers must be accurate. Judges check the math and medical-support provisions closely.
   
   
9. Court Review and Final Hearing
   In uncontested cases, the hearing is usually short. The judge ensures your decree reflects the best interest standard, that support and medical support match guidelines (or justified deviations), and that possession terms are clear.
   
   
10. Final Decree of Divorce
    Once signed and entered, your orders are binding and enforceable. Conservatorship rights, possession schedules, support amounts, and all tie-breaker provisions become the rulebook for your family.

Most uncontested divorces with children finish in 3–6 months. Tight, judge-ready drafting keeps you at the short end of that range.

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Common Roadblocks (and How Tight Drafting Avoids Them)

• Vague possession schedules that leave exchanges, summer elections, or holiday precedence unclear.
• Conservatorship clauses that conflict (e.g., both parents hold “exclusive” rights).
• Support language that ignores the cap, “other child” credits, or medical support.
• Missing notarizations or improper service.
• Geographic restriction omitted or worded so loosely it triggers future disputes.
• County-specific requirements not reflected in the decree.

When orders are drafted precisely the first time, clerks accept them, judges sign them, and families move on.

Conclusion: Keep the Focus on Your Kids — Let the Paperwork Be Ours

A Texas divorce with children demands exact language, correct math, and a schedule that works in the real world. Judges will not finalize until conservatorship, possession, and support are fully compliant and undeniably in your child’s best interest. That’s why the most valuable thing you can do is submit clean, court-ready documents the first time.

We write those documents. Your conservatorship terms are clear, your possession schedule is specific, your support math is right, and your decree reads the way Texas judges expect. You stay focused on your children; we handle the drafting that keeps your case moving.

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