Texas Divorce With Children (2026 Guide) — What You Need to Know

Divorcing when you have minor children is more involved than a childless divorce — but it's still possible to handle without a lawyer if you and your spouse are in full agreement on custody, visitation, and child support.

This guide covers everything specific to a Texas divorce involving minor children, including what the courts require, how child support is calculated, and when you really do need an attorney.

Disclaimer: This is general legal information, not legal advice. Divorces involving children can have long-lasting consequences. If you and your spouse disagree on any child-related issue, consulting a licensed Texas family law attorney is strongly recommended.

The Hard Truth About DIY Divorce With Children

If you and your spouse agree completely on:

• Who the children live with (primary conservator)
• The visitation schedule for the other parent
• How child support will be calculated and paid
• How you'll handle medical decisions, schooling, and other major choices

...then a DIY divorce with children is very doable in Texas.

If you disagree on any of those items, the process becomes significantly more complex and the stakes are high. A bad custody arrangement or improperly calculated child support can affect your children and your finances for years. In contested situations, an attorney is worth the cost.

Key Terms You'll Encounter

Texas uses different terminology than most states. Knowing these terms will make the forms much less confusing.

Conservatorship — What most states call "custody." Texas uses this term for the legal rights and duties parents have over their children.

Managing Conservator — The parent with the right to make major decisions about the child's life (education, medical care, etc.).

Joint Managing Conservatorship (JMC) — Both parents share decision-making rights. This is the default in Texas and what most agreed divorces use.

Sole Managing Conservatorship (SMC) — One parent has primary decision-making authority. Usually only granted when the other parent has a history of abuse, neglect, or absence.

Possessory Conservator — The parent who has visitation rights but not primary decision-making authority.

Possession and Access — What most states call "visitation." This is the schedule that determines when each parent has the children.

Standard Possession Order (SPO) — Texas's default visitation schedule. Most agreed divorces use this as a starting point.

Child Support Obligor — The parent who pays child support (typically the non-primary parent).

Conservatorship — Who Makes Decisions

Joint Managing Conservatorship (Most Common)

In most Texas divorces, both parents are named Joint Managing Conservators. This means both parents share rights and duties, but one parent is typically designated as the parent with the exclusive right to designate the primary residence of the child — meaning the child lives primarily with that parent.

Even in JMC, you still need to specify:

• Which parent has the right to designate primary residence
• Whether that right is limited to a geographic area (common — often the county and contiguous counties)
• How major decisions are made when parents disagree

Sole Managing Conservatorship

Courts award sole managing conservatorship when there is evidence of family violence, child abuse or neglect, or significant parental absence. If you're seeking SMC, consulting an attorney is strongly recommended.

Possession and Access — The Visitation Schedule

Standard Possession Order (SPO)

Texas law provides a default visitation schedule called the Standard Possession Order. Most agreed divorces simply adopt the SPO rather than creating a custom schedule. It provides:

For parents living within 100 miles of each other:

• Non-primary parent gets the 1st, 3rd, and 5th weekends of each month (Friday 6pm to Sunday 6pm)
• Thursday evenings during the school year (6pm to 8pm)
• Alternating holidays
• Extended summer possession (typically 30 days)

For parents living more than 100 miles apart:

• Fewer but longer visits
• One weekend per month
• Extended summer (42 days)
• Alternating spring breaks and holidays

Custom Possession Orders

You and your spouse can agree to any schedule that works for your family. Many parents prefer a 50/50 split. Whatever you agree to, it must be written clearly into your Final Decree of Divorce.

Child Support in Texas

How It's Calculated

Texas uses a percentage-of-income formula based on the net monthly income of the paying parent (the non-primary parent):

Net income is calculated after deducting taxes, Social Security, and health insurance premiums for the children.

Income Cap

As of 2024, Texas applies the child support formula to the first $9,200/month of net income. Income above that cap may result in additional support at the judge's discretion.

Example Calculation

• Paying parent's gross monthly income: $5,000
• Estimated net monthly income after deductions: ~$3,800
• One child: 20% × $3,800 = $760/month in child support

Medical Support

In addition to base child support, Texas requires one or both parents to provide health insurance for the children if it's available at reasonable cost through an employer. The decree must specify who carries the insurance and how uninsured medical expenses are split.

Dental and Vision

Dental and vision insurance for children can be required as well if available at reasonable cost.

The Required Additional Form: SAPCR Information

Any Texas divorce involving children requires an additional form called the Information on Suit Affecting the Parent-Child Relationship (SAPCR). This form provides the court with information about the children including:

• Children's names, dates of birth, and current address
• Schools they attend
• Other court orders involving the children
• Any history of family violence

This form is not optional — you must include it when you file.

Parenting Classes

Some Texas counties require parents to complete a parenting class before finalizing a divorce with children. Check with your county's District Clerk to find out if this is required in your county. Classes are typically available online, take 4–6 hours, and cost $20–$50.

The Forms You Need

For a Texas divorce with minor children, your form kit includes:

• Original Petition for Divorce
• Information on Suit Affecting the Parent-Child Relationship (SAPCR form)
• Waiver of Service (if spouse is cooperating)
• Final Decree of Divorce (includes custody, visitation, and child support sections)
• Child Support Order (sometimes included in the decree, sometimes separate)
• Medical Support Order
• Order Withholding Income for Child Support (wage garnishment order sent to employer)
• Order Restoring Name (if applicable)

Download the Divorce With Children toolkit at TexasLawHelp.org — it includes all of these forms with instructions.

Step-by-Step: Agreed Divorce With Children

Step 1

Confirm residency requirements are met.

Step 2

Download the Divorce With Children toolkit from TexasLawHelp.org.

Step 3

Discuss and agree with your spouse on conservatorship, possession schedule, child support amount, and medical insurance before touching the forms. The forms are easier when you already know what you're writing.

Step 4

Fill out the Original Petition for Divorce and the SAPCR Information form. File both at the District Clerk's office with the filing fee.

Step 5

Have your spouse sign the Waiver of Service.

Step 6

Wait out the 60-day mandatory waiting period. Complete your Final Decree of Divorce during this time.

Step 7

Check whether your county requires parenting classes and complete them if needed.

Step 8

Schedule your final hearing once 60 days have passed.

Step 9

Attend the final hearing. Bring your completed Final Decree, child support order, and wage withholding order. The judge will review everything and sign if the terms are in the children's best interests.

Step 10

File all signed documents with the District Clerk. Get certified copies. Send the Income Withholding Order to the paying parent's employer.

After the Divorce — Modifying Orders

Life changes. Texas allows either parent to request modifications to custody, visitation, or child support when there has been a "material and substantial change in circumstances." Common reasons include:

• A parent relocating
• Significant change in either parent's income
• A child's needs changing as they get older
• Safety concerns

Modifications require a new court filing. If both parents agree to the change, it's a relatively simple process. If not, it requires a hearing.

When You Really Need an Attorney

Be honest with yourself about these situations — they genuinely warrant professional help:

• You and your spouse disagree on where the children will live
• There is a history of domestic violence or child abuse
• One parent wants to relocate out of the area with the children
• There are concerns about a parent's drug or alcohol use
• Child support involves complex income (self-employment, commissions, multiple jobs)
• Your spouse has hired an attorney

Free Resources

• TexasLawHelp.org — Free Divorce With Children toolkit
• eFileTexas.gov — Interactive form builder
• Texas Attorney General Child Support Division — oag.texas.gov/child-support — handles enforcement and can help calculate support
• Texas State Law Library — guides.sll.texas.gov/divorce

Frequently Asked Questions

Does Texas favor mothers over fathers in custody? No. Texas law requires courts to make custody decisions based on the best interest of the child without regard to the sex of the parent. In practice, the parent who has been the primary caregiver often ends up with primary custody, regardless of gender.

Can my child decide who they live with? At age 12, a Texas child can submit a written statement to the court expressing their preference — but the judge is not required to follow it. The judge will consider it as one factor among many.

What if my spouse and I agree on custody but not on support? Child support in Texas is formula-based, so there's less room to negotiate than custody. Courts will generally not approve a child support amount significantly below the guideline amount unless there are unusual circumstances.

Can we agree to no child support? Texas courts are very reluctant to approve zero child support agreements because child support is considered a right of the child, not the parent. Even if both parents agree to waive it, a judge may reject the decree.

What if my spouse moves out of state? Interstate custody situations are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Texas courts generally retain jurisdiction if the children have lived in Texas for the last 6 months. This gets complicated quickly — consider an attorney consultation.

Do I need to tell the court about my new partner? You're not required to disclose a new relationship, but judges may inquire about who lives in the household if it affects the children's environment.

Last reviewed: March 2026 | Always verify current form requirements and local rules with your county District Clerk.