Getting Divorced with Children in Texas: 2026 Custody, Support & Filing Guide

Getting divorced with children in Texas requires navigating conservatorship (the state's term for custody), possession schedules, and child support governed by the Texas Family Code. Filing fees for a divorce with children range from $350 to $499 depending on your county, the case takes a minimum of 60 days from filing, and child support starts at 20% of the paying parent's monthly net resources for one child. This guide explains every step under current 2026 Texas law.

Texas does not use the words "custody" or "visitation" in its statutes. Instead, Tex. Fam. Code § 153.001 and the chapters that follow use "conservatorship" for legal decision-making rights and "possession and access" for the physical time each parent spends with the child. Understanding this vocabulary is the first step to handling a divorce with children Texas families face, because every court order, motion, and parenting plan uses these terms.

Key Facts: Divorce With Children in Texas (2026)

Filing fees are as of March 2026. Verify with your local district clerk before filing.

How Much Does It Cost to File for Divorce With Children in Texas?

Filing for divorce with children in Texas costs between $350 and $499, which is $15 to $51 more than a divorce without children because counties fund Domestic Relations Office operations under Tex. Fam. Code Chapter 203. Harris County charges $365 for cases with children, while Dallas and Bexar Counties charge $401 as of March 2026. Tarrant County totals roughly $499 once citation and service fees are added.

The base filing fee is only part of the total. Texas counties add mandatory surcharges that include a $20 court facility fee, a $20 courthouse security fee, a $10 county jury fee, a $25 court reporter service fee, a $15 dispute resolution fee, and a $35 law library fee. You will also need certified copies of your final decree, which cost between $1 and $10 each, and most attorneys recommend ordering three to five copies. If you cannot afford these costs, Texas Rule of Civil Procedure 145 allows you to file a Statement of Inability to Afford Payment of Court Costs. Courts grant these waivers to people receiving government benefits, earning below 125% of the federal poverty level, or showing genuine financial hardship. These fee figures are current as of March 2026; verify the exact amount with your local district clerk before filing, because counties adjust schedules periodically.

What Are the Residency Requirements to File in Texas?

To file for divorce with children in Texas, one spouse must have lived in Texas for the preceding six-month period and resided in the filing county for the preceding 90-day period, under Tex. Fam. Code § 6.301. Only one spouse needs to meet both requirements, so you can file in Texas even if your spouse lives in another state.

These residency benchmarks are jurisdictional, meaning they give the Texas court legal authority to decide custody, property division, and support. If neither spouse satisfies the six-month state requirement and the 90-day county requirement, the court lacks jurisdiction and your case may be dismissed or delayed until the requirements are met. Tex. Fam. Code § 6.302 permits a non-resident spouse, including one living in another country, to file in the Texas county where the other spouse resides. Military families receive a specific accommodation: any time a service member or accompanying spouse spends outside Texas while serving in the U.S. armed forces still counts toward the six-month and 90-day periods. Child custody jurisdiction is governed separately by the Uniform Child Custody Jurisdiction and Enforcement Act, which generally requires that Texas be the child's "home state" for the six months before filing. When the divorce-residency rule and the custody home-state rule both point to Texas, the court can resolve every issue in one proceeding.

How Long Does a Divorce With Children Take in Texas?

A divorce with children in Texas takes a minimum of 60 days from the filing date, meaning the earliest a judge can sign the final decree is day 61, under Tex. Fam. Code § 6.702. In practice, contested cases involving children average six months to one year, while uncontested cases with an agreed parenting plan often finalize in two to four months.

The 60-day waiting period is a mandatory cooling-off period that applies statewide to nearly every divorce. The clock starts on the date the petition is filed, not the date the other spouse is served, and the rule applies even when both spouses agree on every term. A decree signed before day 60 is not subject to collateral attack but violates the statute. Limited exceptions exist for family violence: the waiting period does not apply if the respondent has a final conviction or deferred adjudication for an offense involving family violence against the petitioner or a household member, or if the petitioner holds an active protective order under Title 4. After the decree is signed, two more 30-day periods apply under Tex. Fam. Code § 6.801 and Tex. Fam. Code § 6.802: a 30-day appeal window and a 30-day bar on remarrying anyone other than the former spouse. Cases involving disputed custody in divorce take longer because they may require mediation, a social study, or an amicus attorney for the children.

What Is Conservatorship and How Is Custody Decided?

Conservatorship is the Texas legal term for custody, and Tex. Fam. Code § 153.131 creates a rebuttable presumption that appointing both parents as joint managing conservators serves the child's best interest. Joint managing conservatorship divides decision-making rights and duties between parents but does not require equal physical possession time, per Tex. Fam. Code § 153.135.

Texas recognizes three conservator roles. A joint managing conservator shares rights and duties with the other parent, such as the right to make educational, medical, and psychological decisions. A sole managing conservator holds exclusive rights over major decisions, which courts award when the other parent has a history of family violence, absence, or substance abuse. A possessory conservator has defined possession and access but limited decision-making authority. The court decides which arrangement applies using the best interest of the child standard, the primary consideration under Tex. Fam. Code § 153.002. Judges apply the Holley factors from the 1976 Texas Supreme Court case Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), which include the child's emotional and physical needs, the stability of each home, each parent's parenting abilities, and any danger to the child. A child age 12 or older may tell the judge their preference, but the judge is not bound by it. Custody in divorce is never automatic for either parent; both start with the joint conservatorship presumption.

What Is the Standard Possession Order?

The Standard Possession Order (SPO) is the default possession schedule that Texas courts presume serves the best interest of any child age three or older, under Tex. Fam. Code § 153.252. It gives the noncustodial parent possession on the first, third, and fifth weekends each month, every Thursday during the school year, alternating holidays, and at least 30 days each summer.

The distance between the parents' homes determines which version of the SPO applies. As of September 1, 2021, a noncustodial parent who lives less than 50 miles from the child is presumed to receive the Expanded Standard Possession Order, which begins weekend possession on Friday when school is dismissed and ends Monday when school resumes, plus a Thursday overnight each week. A parent living 50 to 100 miles away receives the traditional SPO, and a parent living more than 100 miles away follows a modified schedule with one weekend per month, extended summer time of up to 42 days, and alternating spring breaks. For children younger than three, the SPO presumption does not apply under Tex. Fam. Code § 153.251; courts craft a graduated schedule under the "tender years" provisions, increasing possession as the child matures. Parents are free to agree to a different parenting plan, and many divorcing couples negotiate a 50/50 co-parenting schedule such as week-on/week-off, which the court will approve if it finds the arrangement serves the child's best interest.

How Is Child Support Calculated in Texas?

Child support in Texas is calculated as a percentage of the paying parent's monthly net resources under Tex. Fam. Code § 154.125: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. Effective September 1, 2025, the cap on net resources rose from $9,200 to $11,700, raising the maximum support for one child to $2,340 per month.

Texas uses a percentage-of-obligor model, not an income-shares model, so the custodial parent's income does not factor into the guideline calculation. Net resources equal gross income minus Social Security taxes, federal income tax at the single rate, union dues, and the cost of the child's health insurance, under Tex. Fam. Code § 154.062. The cap only applies to net resources above $11,700 per month; for a parent earning $5,000 in monthly net resources, support for one child is $1,000. The $11,700 cap was the first adjustment since 2019, a 27% increase enacted by Senate Bill 1936, and the Office of the Attorney General reviews it every six years against the Consumer Price Index. A new spouse's income cannot be counted under Tex. Fam. Code § 154.069, and percentages reduce when the obligor supports children in another household. A zero-income obligor still owes a minimum of $200 per month.

Texas Child Support Guideline Amounts (2026, at the $11,700 cap)

What Goes Into a Texas Parenting Plan?

A Texas parenting plan is a written agreement, required for joint managing conservatorship under Tex. Fam. Code § 153.133, that allocates each parent's rights and duties, establishes the possession schedule, and explains how parents will resolve disputes. Courts require a parenting plan in every divorce with children before they will sign the final decree.

A complete parenting plan addresses several mandatory components. It must designate which parent has the exclusive right to determine the child's primary residence, often with a geographic restriction such as the county of filing and contiguous counties, to prevent one parent from moving the child far away. The plan allocates decision-making rights over education, non-emergency medical care, and psychological treatment, specifying whether each right is held jointly, independently, or exclusively. It sets out the possession and access schedule, which may track the Standard Possession Order or a negotiated 50/50 arrangement. The plan must also address how the parents will communicate, how they will exchange the child, and how they will handle future disagreements, often through mediation before returning to court. Effective co-parenting language in the plan reduces conflict and gives both parents clear expectations. When parents reach a full agreement, the plan is filed as an Agreed Parenting Plan and the judge generally adopts it; when they cannot agree, the court imposes its own plan after considering the best interest factors.

How Is Property Divided When You Have Children?

Texas is a community property state, and Tex. Fam. Code § 7.001 requires the court to divide the marital estate in a manner that is "just and right," which is not always a 50/50 split. When children are involved, the court may award a larger share of community property, including the family home, to the parent who has primary possession of the children.

Community property includes nearly all assets and debts acquired during the marriage, while separate property includes assets owned before marriage, gifts, and inheritances, which remain with the original owner under Tex. Fam. Code § 3.001. The presence of children frequently shapes the division because courts recognize the value of stability for the child. A judge may allow the custodial parent to remain in the marital home until the youngest child graduates from high school, then order the home sold and the equity divided. The court can also consider each parent's earning capacity, fault in the breakup, and the needs of the children when reaching a just and right division. Property division is final once the decree is signed and is generally not modifiable, unlike conservatorship, possession, and child support, which courts can revisit as the child's circumstances change.

Can a Texas Custody or Support Order Be Modified Later?

Yes. A Texas court can modify conservatorship, possession, or child support after the divorce if there has been a material and substantial change in circumstances, under Tex. Fam. Code § 156.101 for custody and Tex. Fam. Code § 156.401 for support. A child support amount can be modified if three years have passed and the guideline amount differs by 20% or $100 from the current order.

Common grounds for modification include a parent's job loss or significant income change, a parent's relocation, remarriage, a change in the child's needs, or evidence that the current arrangement no longer serves the child's best interest. A child age 12 or older may express a preference about which parent should have the exclusive right to designate the primary residence, and the court will consider it. Modification requires filing a Petition to Modify the Parent-Child Relationship in the court that issued the original order, which retains continuing exclusive jurisdiction. Because child support and possession remain modifiable while the child is a minor, parents who experience major life changes should seek a formal modification rather than relying on informal agreements, which courts cannot enforce. Self-help modification, such as withholding support or denying possession, can result in contempt findings and back-support judgments.