Texas Divorce With Children — Custody & Support

When children are involved, a Texas divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §153.002.

Courts determine conservatorship (custody), possession, and access based on the best interest of the child. Texas uses the term 'conservatorship' rather than custody; parents may be named joint managing conservators or one parent may be named sole managing conservator.

Types of custody

• Legal custody — the right to make major decisions about the child's education, health care, and welfare
• Physical custody — where the child lives day-to-day
• Joint custody — both parents share legal custody, physical custody, or both
• Sole custody — one parent has primary decision-making authority or residential time

Texas uses an percentage of income model to calculate child support.

• Based on a percentage of the obligor's net resources: 20% for 1 child, 25% for 2, 30% for 3, 35% for 4, 40% for 5, and not less than 40% for 6+; a reduced low-income schedule (15% for 1 child, 20% for 2, 25% for 3, 30% for 4, 35% for 5) applies if the obligor's monthly net resources are less than $1,000
• The guideline percentages apply only to monthly net resources up to the amount published by the Title IV-D agency — currently $11,700, adjusted every six years for inflation; above that amount the court may order additional support depending on the income of the parties and the proven needs of the child
• Deviation from guidelines requires written findings that application would be unjust or inappropriate
• Income can be withheld directly from the paying parent's employer §158.001

Most Texas courts require a written parenting plan that addresses:

• Regular custody and visitation schedule
• Holiday and vacation time allocation
• Transportation arrangements and exchange locations
• Decision-making authority for education, health, and extracurricular activities
• Communication protocols between parents
• Relocation restrictions and notice requirements

Courts may issue temporary restraining orders and temporary orders for conservatorship, possession, child support, spousal support, use of property, and injunctive relief while the suit is pending. Temporary custody and support orders typically remain in effect until the final decree is entered.

Conservatorship may be modified upon showing a material and substantial change of circumstances since the date of the prior order, and that modification is in the best interest of the child. A one-year waiting period applies unless certain exceptions are met. §156.101