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Texas Family Court: Custody and Parenting-Time Guide

Plain-language Texas information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.

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This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.

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Find the right family court

The custody or parenting-time route described in this guide is handled through the Texas district courts (and, in some counties, county courts at law). Other family-law matters can follow a different court or procedure.

Find the court for your area.

  • Family-law matters are generally heard in Texas district courts, although some are heard in county courts at law.Sources:Frequently Asked Questions

  • The Texas Judicial Directory lists district, county, and other courts and links to its current directory database.Sources:Judicial Directory

How Texas courts decide custody

A child's best interest is the court's primary consideration when deciding conservatorship and possession of and access to the child.Sources:Family Code Chapter 153, Conservatorship, Possession, and Access

Key legal sources

Parenting time

Texas calls visitation "possession and access"; the standard possession order is intended to provide a reasonable minimum schedule and is presumed to be in the best interest of a child age three or older.Sources:Family Code Chapter 153, Conservatorship, Possession, and Access

Key legal sources

How to file

This route covers an original Suit Affecting the Parent-Child Relationship filed by a parent, not a divorce, modification, enforcement, emergency, nonparent, adoption, or interstate case.Sources:Family Code Chapter 102, Filing Suit, I need a custody order. I am the child's parent (SAPCR).

  1. Confirm the original SAPCR route fits

    An original SAPCR begins with a petition, and a parent is among the people authorized to file one. This guide does not cover the separate routes listed in its scope.Sources:Family Code Chapter 102, Filing Suit

  2. Prepare a petition with the required information

    The petition must include the information required by Family Code section 102.008, including the requested action and statutory grounds. Use the current forms and instructions required by the clerk and court handling the case.Sources:Family Code Chapter 102, Filing Suit, Forms

  3. File in the proper county

    Unless an exception applies, an original suit is filed in the county where the child resides. Confirm whether another court has continuing exclusive jurisdiction or whether a divorce venue rule controls before filing.Sources:Family Code Chapter 103, Venue and Transfer of Original Proceedings

  4. Arrange service of the citation and petition

    In an original SAPCR, people identified by Family Code section 102.009 are entitled to citation unless an exception applies. Citation is served as in other civil cases; a party or interested person may not serve process in the suit.Sources:Family Code Chapter 102, Filing Suit, Texas Rules of Civil Procedure, July 1, 2026

  5. Follow the citation and court instructions for later papers and settings

    Follow the citation, court notices, and local instructions for required appearances and later papers. For papers after the initial citation, the civil rules prescribe service methods and proof of service.Sources:Texas Rules of Civil Procedure, July 1, 2026

  6. Obtain the court's signed order

    Do not assume who will prepare or submit an order. Ask the court or clerk about its required submission process. Rule 306a directs that judgments and orders be reduced to writing and signed by the trial judge, and directs the clerk to send a signed final judgment or appealable order to the parties.Sources:Texas Rules of Civil Procedure, July 1, 2026

Official forms

Open the official forms portal.

  • The Texas Judicial Branch forms page includes the Supreme Court's bilingual Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, along with other statewide forms.Sources:Forms

  • The Texas Judicial Branch directs self-represented people to court and community self-help resources; confirm with the filing court whether local forms or instructions apply to an original SAPCR.Sources:Self-Represented Litigants, Forms

  • TexasLawHelp offers a parent SAPCR toolkit for some agreed or default matters, but it is a legal-aid resource rather than a statewide court form packet.Sources:Forms, I need a custody order. I am the child's parent (SAPCR).

Free court self-help

Find court self-help near you.

  • Lone Star Legal Aid

    Area served: Low-income residents in the Texas counties served by Lone Star Legal Aid.

    Lone Star Legal Aid lists family law among its practice areas, including custody, visitation, support, divorce, family violence, and paternity matters.Sources:Family Law, Get Help

    Eligibility: Its online intake materials describe financial and service-area eligibility requirements. An application does not ensure that the organization can provide representation.

  • Texas RioGrande Legal Aid

    Area served: Texas RioGrande Legal Aid serves 68 counties in southwest, central, and west Texas, with separate specialized service areas for some projects.

    Texas RioGrande Legal Aid lists family law, including divorce and custody arrangements, among its practice areas.Sources:Practice Areas, Who We Are, Family Law Intake

    Eligibility: Eligibility depends on the provider's current income, geography, case-priority, and capacity criteria.

Fee waivers

Under Texas Rule of Civil Procedure 145, a party who cannot afford court costs must file the Supreme Court-approved Statement of Inability to Afford Payment of Court Costs or another sworn document with the same information.Sources:Texas Rules of Civil Procedure, Rule 145, Statement of Inability to Afford Court Costs or an Appeal Bond (Bilingual)

Who may qualify

  • The declarant should submit available evidence of inability to afford costs. Rule 145 identifies specified benefit, legal-aid, and financial-eligibility attachments as prima facie evidence; the clerk may not return a sworn statement for lack of attachments.Sources:Texas Rules of Civil Procedure, Rule 145

  • A court may require proof of inability to afford costs in the circumstances Rule 145 describes. A party cannot be ordered to pay costs without the rule's notice, oral evidentiary hearing, and findings requirements.Sources:Texas Rules of Civil Procedure, Rule 145

What to do

  1. Complete the current court form or equivalent sworn statement

    Use the current Supreme Court form or another sworn document with the same information. The statement must be signed before a notary or made under penalty of perjury.Sources:Texas Rules of Civil Procedure, Rule 145, Statement of Inability to Afford Court Costs or an Appeal Bond (Bilingual)

  2. File the sworn statement with the clerk

    On filing a sworn statement, the clerk must docket the case, issue citation, and provide services ordinarily provided to a party. The clerk must make the Supreme Court form available without charge.Sources:Texas Rules of Civil Procedure, Rule 145

  3. Respond to any Rule 145 proceeding

    If a Rule 145 hearing is set, the declarant receives 10 days' notice and has the burden to prove inability to afford costs at the hearing.Sources:Texas Rules of Civil Procedure, Rule 145

Official fee-waiver forms

Key statute or rule

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

State and local details to confirm

Part of Family Law in Your State.