Texas Family Court: A Self-Represented Parent's Guide

Texas family law is governed by the Texas Family Code. The state distinguishes between conservatorship (decision-making) and possession and access (physical time with the child).

Family law in Texas is set out mainly in the Texas Family Code. The legislature writes the substantive rules, including how custody is decided, how child support is set, and the grounds for divorce. The Texas courts add the procedural rules that control filing, service, and hearings, and published appellate decisions explain how those statutes are applied. Texas sets child support with the Percentage of Net Resources model under Tex. Fam. Code §§ 154.061-154.130.

Family cases in Texas start at the trial-court level, where a judge, and in many places a magistrate or commissioner, hears filings, temporary motions, and trials under the Texas Family Code. Child support brought through the state program is handled by the Texas Office of the Attorney General, Child Support Division. Final orders can be appealed, but the appeals court gives strong weight to the trial judge's findings of fact.

These mechanics apply to most Texas family cases no matter the subject. Getting them right is the difference between a case that moves forward and one that stalls. Where you file: Texas family cases are filed with the court that covers where a parent or the child lives. The Texas courts publish the forms and an e-filing portal online (see the official sources below). Cost to file: Divorce filing fee: ~$250-$350 by county. If money is tight, ask the clerk for a fee waiver before you file. Financial disclosure: Texas requires both parents to file a sworn financial statement of income, expenses, assets, and debts. The court cannot set support or divide property without it, and a missing or wrong one is a common reason a case is delayed. Mediation and ADR: Many Texas courts ask parents to try mediation before a contested custody hearing. What is said in mediation is usually confidential and kept out of the trial. Child support basics: Texas bases support on net income after allowable deductions using the Percentage of Net Resources model. Parenting time can be a reason for the court to adjust the amount up or down. Changing an order later: Final orders bind both parents once entered. For child support, Texas's general trigger to revisit the amount is: a 20% or $100 monthly change between the existing order and a new guideline calculation, or a material and substantial change in circumstances after at least 3 years.

Common words you will see in Texas family court filings and orders. Definitions are general and can vary by context. Conservatorship and possession/access: The term Texas uses for the legal and day-to-day care of a child after parents separate. The court decides it under the best interests of the child standard. Percentage of Net Resources: A set percentage of the paying parent's income, rising with the number of children. Texas Office of the Attorney General, Child Support Division: The Texas state child support program (its Title IV-D agency) that helps establish, collect, and enforce support, often at low or no cost. Financial affidavit / statement: A sworn list of your income, expenses, assets, and debts that the court needs before it can set support or divide property. Petitioner / Respondent: The parent who files the case is the petitioner; the parent who is served is the respondent. Modification: A request to change an existing order after a real change in circumstances. Texas's child support trigger: a 20% or $100 monthly change between the existing order and a new guideline calculation, or a material and substantial change in circumstances after at least 3 years. Contempt: A finding that a parent willfully broke a court order. Remedies can include make-up parenting time, fines, fees, and in serious cases jail. Income withholding: Automatic deduction of child support from the paying parent's wages, usually set up together with the support order.

Texas courts hold parents without a lawyer to the same rules as attorneys, but real free help exists. The points below come up again and again.

Use the official Texas court forms and self-help pages, not random templates from the internet, the clerk will reject an out-of-date or wrong form.

Texas lists a self-help center and a forms library online (linked in the official sources below); start there before you pay anyone.

Budget for the Texas filing fee and ask the court for a fee waiver up front if money is tight, the clerk has the form.

File your financial statement on time and make it accurate, many delays and contempt findings trace back to a missing or false one.

Email, texts, and social media posts are routinely used as evidence, assume anything you write could end up in front of the judge.

An agreement you put on the record in court is hard to undo later, so do not agree to terms you do not fully understand.

Check any fee, form, statute, or deadline against the current official version before you rely on it. These are the primary Texas sources. Texas Judicial Branch (txcourts.gov): The official Texas courts website, with the court directory, rules of procedure, and e-filing. Texas self-help center (texaslawhelp.org): Plain-language help, instructions, and forms for people handling a case without a lawyer. Texas family law forms (txcourts.gov): The official forms library for divorce, custody, support, and fee waivers. Texas e-filing portal (efiletexas.gov): Where you file and track your documents online if your court accepts e-filing. Texas Family Code (statutes.capitol.texas.gov): The statute that governs divorce, custody, and child support in Texas. Texas Office of the Attorney General, Child Support Division (texasattorneygeneral.gov): The state child support agency that establishes, collects, and enforces support orders.

Texas courts apply state-specific statutes alongside several federal frameworks: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for interstate custody, the Uniform Interstate Family Support Act (UIFSA) for cross-state child support enforcement, the Servicemembers Civil Relief Act (SCRA) for active-duty parents, and the Indian Child Welfare Act (ICWA) where applicable. Procedural details, including filing fees, mediation requirements, parenting class providers, and standing administrative orders, are set at the county level and change frequently.

Frequently asked questions

What is a Standard Possession Order in Texas?

The SPO is a default visitation schedule outlined in the Texas Family Code that applies when parents live within 100 miles of each other.

How does Texas calculate child support?

Texas uses a percentage-of-income model. The noncustodial parent typically pays a percentage of net resources based on the number of children.

Can grandparents get visitation in Texas?

Under limited circumstances. A grandparent must show that denial of access would significantly impair the child's health or emotional well-being.

What are Texas's residency requirements for divorce?

Under Tex. Fam. Code § 6.301, one spouse must have been a Texas resident for six months and a resident of the filing county for 90 days before filing.

Is Texas a community property state?

Yes. Texas is a community property state under Tex. Fam. Code § 3.002. Property acquired during marriage is generally divided in a 'just and right' manner at divorce.