Texas Family Law FAQs

A: No. Texas family courts will consider the best interests of your child, not the sex of each parent. Both fathers and mothers have equal rights to see, raise, and enjoy a relationship with their children.

A: In this case, you and your attorney can petition the court to establish paternity. This is often done through a legally mandated DNA test. Once paternity is established, you may petition the court for child support.

A: Yes, possibly. If you make significantly more money than your spouse, you could be ordered to pay child support, even if you spend equal amounts of time raising and caring for your child.

A: To claim full custody, you’ll need to show that it is in your child’s best interests to be raised solely by you. Being granted full custody is more likely if abuse, neglect, or abandonment by the other parent can be demonstrated.

A: During your initial consultation, please have any court documents related to your case, a list of important dates (such as separation or marriage), financial information (including income, debts, and assets), communication records (texts, emails), and a list of your concerns and goals. This will help us provide informed legal guidance and a strategy tailored to your unique situation.

A: Texas imposes a 60-day waiting period from the date the divorce petition is filed, under Tex. Fam. Code § 6.702. This is the minimum time frame. Uncontested divorces may be finalized shortly after this period, while contested divorces—those involving children, property disputes, or complex financial issues—can take several months or more depending on the court's docket and the parties' cooperation.

A: Yes, but paternity must be legally established first. This can be done through an Acknowledgment of Paternity or court order under Tex. Fam. Code § 160.301 and § 160.601. Once paternity is confirmed, unmarried fathers can seek custody, visitation, and decision-making rights under the same standards as any other parent. Mothers and fathers are treated equally under the law, but rights are not automatic without legal recognition.

A: You can file an enforcement action under Tex. Fam. Code Chapter 157. This allows the court to hold the noncompliant party accountable through remedies such as make-up visitation, fines, or jail time in cases of contempt. Enforcement actions require clear documentation of the violations and proper notice to the other party. If you are seeking contempt, you must show that the other party willfully disobeyed the order.

A: Child support is determined using a percentage of the noncustodial parent’s net resources under Tex. Fam. Code § 154.125. For one child, the guideline is 20%; for two children, it’s 25%, and so on. Net resources include wages, self-employment income, retirement, and more (§ 154.062). Courts may adjust the amount based on health insurance costs, additional children, or special needs.

A: Yes. A custody or visitation order may be modified if there has been a material and substantial change in circumstances or if the child is at least 12 years old and expresses a preference to live with the other parent, under Tex. Fam. Code § 156.101. Common changes include a parent relocating, a significant change in the child’s needs, or evidence of danger or neglect.

A: Joint Managing Conservatorship (JMC) means both parents share rights and duties, including making decisions about education, healthcare, and religion. Sole Managing Conservatorship (SMC), on the other hand, gives one parent the exclusive right to make certain decisions. Courts may award sole custody if one parent has a history of family violence, abuse, or absence, as outlined in § 153.131 and § 153.004 of the Texas Family Code.

A: In Texas, child custody is referred to as conservatorship. Courts determine conservatorship based on the best interest of the child standard under Tex. Fam. Code § 153.002. This includes evaluating each parent’s ability to care for the child, the child’s emotional and physical needs, the stability of each home, and in some cases, the child’s preference if they are 12 or older (§ 153.009). Courts generally favor joint managing conservatorship unless there is evidence that it would not be in the child’s best interest.

A: While you’re not required to hire a lawyer, divorce can have long-lasting legal, financial, and emotional consequences. Having a qualified family law attorney helps ensure that your property is properly divided under Texas Family Code Chapter 7, that the best interests of your children are protected under Chapter 153, and that all procedural requirements are met. We can also help negotiate fair settlements and avoid costly litigation when possible.

A: Our firm handles a comprehensive range of family law issues, including but not limited to divorce, child custody and visitation (possession and access), child support, modifications, enforcement actions, paternity, adoptions, and protective orders. Whether your case is contested or uncontested, we provide strategic representation tailored to your goals and the best interests of your family.