Divorce in Texas With Children: A Complete Guide

When you have minor children, Texas courts require additional forms beyond the standard divorce petition. You need a Suit Affecting the Parent-Child Relationship (SAPCR), which addresses conservatorship (custody), possession and access (visitation), child support, and medical support. DivorceReady.online's with-children package includes all of these forms.

Texas uses the term 'conservatorship' instead of 'custody.' There are two types: joint managing conservatorship (JMC) and sole managing conservatorship (SMC). In most uncontested divorces, parents agree to joint managing conservatorship, which means both parents share decision-making authority. The child's primary residence is typically with one parent (the 'primary' conservator), with the other parent having possession and access according to a schedule.

Texas has a Standard Possession Order (SPO) that applies unless parents agree otherwise. Under the SPO, the non-primary parent has possession on the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days in the summer. Parents can agree to a different schedule that better fits their family.

Child support in Texas is calculated using state guidelines based on the non-primary parent's net monthly income. The guideline percentages are: 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children. The court also requires medical support — one parent must provide health insurance for the children.

Texas requires a written parenting plan in all cases involving children. The plan should include: conservatorship arrangements, the child's primary residence, possession and access schedule, holiday schedule, child support amount and payment terms, health insurance provisions, and how disputes will be resolved. DivorceReady.online generates a comprehensive parenting plan based on your questionnaire answers.

Texas courts make all custody and support decisions based on the 'best interest of the child.' In an uncontested divorce, the court generally approves the arrangement both parents have agreed to, as long as it appears to be in the child's best interest and meets Texas legal requirements.

The filing process for a divorce with children in Texas is the same as without children, with the additional SAPCR forms. You still file with the District Clerk, pay the same filing fee, serve your spouse or obtain a waiver, wait the 60-day period, and attend a prove-up hearing. The judge will review the parenting plan and child support arrangements at the hearing.