You’ve filed for divorce—or you’re about to. And if you have kids, you already know that’s the part that matters most. More than the house, more than the bank accounts. What happens to your children, where they live, how much time each parent gets, and who pays what—those are the questions that keep parents up at night.
First, Forget Phrases Like “Joint or Full Custody”—Texas Does Things Differently
To the clear annoyance of most who mention “joint” or “full” custody to David, these terms don’t have a legal meaning in the state of Texas, and after decades in this industry asking people what they mean when they use such terms, the answers run the absolute gamut.
For the past 25 years or more in Texas, there has been a strong legal presumption in favor of Joint Managing Conservatorship, which simply means that at the end of the litigation, Moms and Dads will remain titled as parents. This presumption really only changes when there is pretty serious abuse or neglect of the children.
Secondarily, but connected to conservatorship, are delineated rights and duties a parent has to their children. These are sometimes the very reason for court intervention, or not at all the center of the important issues. These include rights to consent to invasive medical procedures, psychological treatment, and to make educational decisions. It also includes which parent can consent to underage enlistment in the military, marriage, and the like.
Conservatorship is NOT linked to when, where, and the conditions upon which a parent actually spends time with their child.
Possession Orders: Who Has the Kids and When?
All orders regarding children will contain a possession schedule. Perhaps even more importantly, the order WILL include a provision that possession and access of the children is “however the parents agree, but in the absence of an agreement, upon the following schedule…” The critical point being that any possession schedule contained in a written order is merely a default when the parents cannot or have not otherwise agreed. This facilitates cooperation between parents and gives a fall back when you are unable or unwilling to make changes so that neither parent can unilaterally determine when and if the other parent sees their kids.
It is also important to realize that a possession schedule is a right but not an obligation to see one’s children.
For most families in Texas, the default starting point is the Standard Possession Order (SPO). It was designed to create consistency and keep both parents meaningfully involved in the child’s life. For parents living within 50 miles of each other, the noncustodial parent typically sees their children:
- The first, third, and fifth Friday of each month through the weekend.
- Thursday evenings during the school year
- Extended time in the summer; and
- Alternating holidays
Under Texas’s Expanded Standard Possession Order—the possession times are approximately 46 to 48 percent of the year, or about 160 to 175 overnight visits annually. That’s significantly more time than many parents assume and really can be a great starting point for most families and children.
The SPO is a starting point, not a rule written in stone. Parents can agree to a customized schedule that works better for their specific family, school district, work schedules, and the child’s activities—and a judge will typically approve it as long as it serves the child’s best interest. This is one area where having an attorney genuinely helps. A well-drafted, customized possession order prevents a lot of future conflict. A vague one creates it.
Child Support: How Is It Calculated?
Child support in Texas is legally presumed to be in accordance with a specific math formula. While courts can vary from the guidelines, it is uncommon. Our attorneys can better explain when it would vary.
The court calculates guideline child support based on the paying parent’s “net monthly resources,” then applies a percentage based on how many children need support:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more children: 40%
“Net resources” is not the same as take-home pay. The court starts with all income—wages, bonuses, commissions, rental income, self-employment income—and subtracts federal income taxes, Social Security and Medicare taxes, the cost of health and dental insurance for the children, and union dues if applicable. Voluntary deductions like a 401(k) contribution or a car payment do not reduce the calculation.
As of September 2025, these percentages apply to the first $11,700 per month in net resources. That’s the cap—meaning if the paying parent earns more than that, the guideline amount maxes out at $2,340 per month for one child, $2,925 for two, and so on, unless the receiving parent can demonstrate the child has specific proven needs that justify more.
One thing that surprises a lot of parents: a 50/50 possession schedule does not automatically mean zero child support. Even if time is split equally, the parent with higher income may still owe support. Much will depend on the specific circumstances of the case and your specific judge. A qualified attorney can help advise you in this regard.
In addition to monthly support, the order will typically address which parent carries the child on their health and dental insurance, and how uninsured medical expenses get split between the parents.
Can You Agree on Your Own Terms?
Yes—and when it’s possible, it’s almost always better for everyone, especially the kids. If you and your spouse can reach a genuine agreement on conservatorship, possession, and child support before your case goes to a judge, the court will generally approve it as long as it’s in the child’s best interest.
That said, agreeing on paper is one thing. Making sure that agreement is worded correctly, covers every possible scenario, and holds up legally is another. Parents who draft their own possession orders or support agreements without legal guidance frequently discover gaps later—situations the order didn’t address, ambiguous language that leads to disputes, or calculations that weren’t done correctly. Fixing those mistakes requires going back to court, which costs more time and money than getting it right the first time.
What If You Can’t Agree?
That’s where a divorce and custody attorney becomes essential, not optional. If you and your spouse disagree on where your child will live, how much time each parent gets, or what the support amount should be, a judge will decide. And judges follow the law—they don’t know your child, your family’s routines, or what actually makes sense for your specific situation. Your attorney does.
A good family law attorney doesn’t just show up at the hearing. They help you understand what the court is likely to order, work toward a negotiated resolution before it ever gets to a judge, and make sure your position is presented clearly and completely if it does go before the court. In cases where parents genuinely can’t agree, mediation is often ordered—and having an experienced attorney guiding you through that process makes a real difference in the outcome.
The Bottom Line for Parents
Your kids are going to be okay. And so are you. But the orders that come out of your divorce—the custody arrangement, the possession schedule, the support amount—are documents you and your children will live with for years. Getting them right matters enormously.
Go into this process informed. Understand what the court is looking at. Know your rights. And get proper legal guidance so that when this chapter closes, it closes on terms that actually work for your family.
