Texas Custody Guide: Filing and Deadlines

Texas-Specific Custody Information

Texas family law has its own terminology, timelines, and procedures. If you're in a Texas custody case, here's what you need to know.

Critical Deadlines

Response deadline: The Monday after 20 days from the date you were served (known as "Answer Monday"). This is Texas-specific and trips people up — it's not simply 20 days.
Temporary orders: Can be heard quickly, often within 14 days of filing.

Texas's Unique Terminology

Texas doesn't use "custody" and "visitation" the way other states do:

Conservatorship: Texas's term for custody arrangements
- Joint Managing Conservatorship (JMC): Both parents share decision-making (most common). Does not necessarily mean equal time.
- Sole Managing Conservatorship (SMC): One parent has primary decision-making authority
- Possessory Conservatorship: The parent with less time (similar to "visitation" in other states)

The Standard Possession Order (SPO)

Texas has a default parenting schedule called the Standard Possession Order (Texas Family Code Chapter 153). If parents can't agree, the SPO is what the court typically orders for the noncustodial parent:

1st, 3rd, and 5th weekends of each month (Friday 6 PM to Sunday 6 PM)
Thursday evenings (6 PM to 8 PM during the school year)
Alternating holidays (Thanksgiving, Christmas, spring break)
30 days in summer (with proper notice)

Expanded Standard Possession Order

An expanded version is available that extends weekends and includes Thursday overnights. This gives significantly more time and is increasingly common.

Geographic Restriction

Many Texas custody orders include a geographic restriction — typically limiting the child's residence to the county of the order (and contiguous counties). This prevents unilateral relocation.

If the other parent wants to move outside the restricted area, they must petition the court. You have the right to object.

Modification in Texas

To modify a Texas custody order, you must show a material and substantial change in circumstances (Texas Family Code §156.101). Changes that may qualify:

Relocation outside the geographic restriction
Change in the child's needs
Substance abuse or safety concerns
Child's preference (children 12 and older can express a preference to the court)

Filing and Forms

E-Filing

eFileTexas.gov — Texas requires e-filing in most counties.

Self-Help

TexasLawHelp: texaslawhelp.org — free legal information and forms
County-specific self-help centers (check your county clerk's website)

Finding a Texas Attorney

Texas Bar Referral Service: texasbar.com
Texas Legal Services: texaslawhelp.org
LawHelp.org — select Texas

Key Texas Differences

Texas does NOT require mediation statewide, but many judges order it
Texas allows a child 12 or older to express a preference to the judge
Texas uses the income shares model for child support (changed in recent years)
Texas courts typically honor the geographic restriction strictly

Next Steps

Calculate your Answer Monday (Monday after 20 days from service)
File your response through eFileTexas.gov
Contact the Texas Bar Referral Service
Understand the Standard Possession Order — it's your baseline