Texas Divorce with Children
Everything you need to know about divorce with children in Texas — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in Texas
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
Texas courts consider multiple factors when determining custody arrangements:
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Child Support in Texas
Texas uses a percentage-of-income model under Tex. Fam. Code Chapter 154. Child support is calculated as a percentage of the noncustodial parent's monthly net resources. Effective September 1, 2025, the income cap was raised from $9,200 to $11,700 in monthly net resources. Guideline percentages: 20% for 1 child, 25% for 2 children, 30% for 3, 35% for 4, 40% for 5, not less than 40% for 6+. A reduced schedule applies when net resources are below $1,000/month. Net resources include wages, salary, overtime, commissions, bonuses, rental income, dividends, self-employment income, retirement income, and most other income.
Official Texas child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| FM-DivB-100 | Original Petition for Divorce (Set B -- With Children) |
Protect your children through the process
Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related Texas forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.