When couples in the Austin / Central Texas region face a divorce involving children, understanding the local court procedures is crucial. In this BCS Law guide, we’ll walk through how a divorce with children works in Travis County with a special focus on contested child custody, the court process, standing orders, and helpful local resources. If you’ve asked: “How does divorce work when kids are involved?” you’re in the right place.
- Starting the Process: Divorce & Children in Travis County
In Travis County, as elsewhere in Texas, when a marriage is ending and minor children are involved, two legal tracks must be addressed: the divorce itself (dissolution of marriage) and the suit affecting the parent-child relationship (SAPCR) for child custody, child visitation, and child support.
a) Filing the Divorce
- One spouse must file an Original Petition for Divorce with the district clerk in Travis County.
- Texas law requires that either you or your spouse have lived in the state for at least six months and in the county (Travis) for at least 90 days. (Texas Family Code §6.301)
- The petition must remain on file for at least 60 days before a final hearing (unless a family-violence exception applies).
b) Filing the SAPCR for Children
When children under 18 or still in high school are involved, issues relating to the parent-child relationship—such as custody, visitation (possession and access), and child support—are handled through a Suit Affecting the Parent-Child Relationship (SAPCR). This may be filed as part of the divorce or as a separate action, depending on the case.
In Travis County, the Family Division of the District Clerk handles these filings.
c) The Standing Orders & Temporary Orders
In most Travis County divorce or SAPCR cases, a local Standing Order takes effect as soon as the petition is filed. This Standing Order—formally known as the Travis County Standing Order Regarding Children, Property, and Conduct of Parties—functions as a temporary injunction unless modified by the court.
Key provisions related to children generally include restrictions on hiding a child from the other parent and making major changes to the child’s residence, school, or daycare without agreement or further court order.
Temporary orders may also be entered regarding custody, visitation, or support while the case is pending.
- What is the Child Custody Process in Texas?
When children are involved, parents often ask: Who gets custody?
a) Legal Terms
Under Texas law you’ll hear:
- Managing Conservatorship: legal rights regarding decisions for the child.
- Possessory Conservatorship: rights of access/possession (visitation).
Courts typically favor both parents being joint managing conservators unless there is a reason it would harm the child’s best interests.
b) Best Interest of the Child Standard
In Texas, the courts apply the “best interest” standard. The court always considers what serves the “best interest of the child” (Texas Family Code §153.002) — meaning the child’s safety, stability, and emotional health come first. Judges examine each parent’s involvement, the child’s living environment, the child’s needs (education, health, etc.), and parental history.
In some contested cases, the court may appoint a Guardian Ad Litem (GAL) or Attorney Ad Litem for the child. In Travis County, the office of Travis County Family Court Services handles GAL orientations.
c) Possession and Access (Visitation)
Texas has a Standard Possession Order (SPO) that applies in many cases unless the parents agree otherwise or the court orders a different schedule based on the child’s best interests. Travis County courts may also rely on local rules and standing orders to structure possession and access.
d) Temporary Custody Orders
While the divorce/SAPCR case is pending, you may obtain temporary orders for custody/visitation/support. These help avoid uncertainty for children during the process.
e) Modifying Custody Orders
If circumstances change (such as one parent relocates, job shifts, child’s needs change), either parent can seek to modify the custody/visitation order, showing that the change is in the child’s best interest.
- Specific Procedures in Travis County (Austin)
Understanding the local practices in Austin / Travis County helps you prepare confidently.
a) Filing Locations and Forms
- The Civil & Family Courts facility for Travis County is at 1700 Guadalupe St., Austin, TX 78701.
- Filing forms, including for divorce, SAPCR, etc., are available through the District Clerk’s Family Division.
- E-Filing via eFileTexas is available in many cases.
b) Assigning the Court and Judge
In Travis County your case is assigned a cause number and a court. In Texas, family law matters may be heard in District Courts or, in some counties, County Courts at Law. In Travis County specifically, these cases are heard in the Civil District Courts.
c) Timeline
- In many cases, after filing the petition you’ll wait at least 60 days before the final decree hearing.
- What to expect between filing and final hearing: service of process, possible temporary orders, mediation, negotiation, or trial.
d) Mediation & Settlement
Many Travis County cases settle before trial. Courts often require or encourage mediation of custody/visitation issues. If settlement fails, a trial may occur.
e) Enforcement and Compliance
If one party violates visitation, custody or support orders, motions for enforcement, contempt, or modifications may be filed.
- Key Questions for Parents in Austin
Here are potential questions you might have, and how they play out locally in Travis County.
Q: How long will the process take when kids are involved?
A: If you and your spouse agree on everything (custody, visitation, support, property) you may complete the divorce after the 60-day waiting period, subject to court scheduling. If contested or involving disputes over child custody, the case may take many months—especially if mediation or trial is required.
Q: Do I need a lawyer for a divorce with kids?
A: Having a skilled family law attorney in Austin helps you navigate nuances like standing orders, temporary relief, child custody issues, GAL appointments, and court procedure. Especially when children are involved, the stakes and complexity are higher.
Q: What happens to custody if we both want it?
A: Travis County courts typically strive for arrangements that involve both parents when safe and appropriate. Joint managing conservatorship is common unless a court determines it is not in the child’s best interest. The judge examines factors including each parent’s involvement, stability, home environment, and any history of conflict.
Q: What if one parent wants to relocate with the child?
A: You will need prior written agreement between the parties or a court order allowing relocation. The Travis County standing order prohibits changing a child’s residence without agreement or court order.
Q: How does child support get determined?
A: In Texas, child support is calculated by the monthly net resources of the noncustodial parent and the number of children needing support. Texas follows statutory child support guidelines under Chapter 154 of the Texas Family Code, though individual circumstances may lead the court to deviate from those guidelines. In Travis County, if support is ordered, payments must go through the Texas State Disbursement Unit.
- Practical Tips for Travis County Parents
- Keep documentation: Maintain records of your involvement with the children (school, medical, extracurriculars), communication with the other parent, and financial contributions. This may matter in custody decisions.
- Comply with standing orders immediately: From the moment the petition is filed, the standing order applies. Avoid changing the child’s residence, changing school or daycare, or excluding the other parent without court approval.
- Engage in mediation early: If possible, try to resolve custody and visitation before going to trial — it’s faster, less expensive, and less stressful for children.
- Be mindful of local logistics: Know your court date, assigned court, file deadlines, and local rules for Travis County. The Law Library and District Clerk’s Family Division are good resources.
- Focus on stability for the children: Judges in Travis County look closely at the child’s best interests, such as stability, environment, and parental involvement. Make the child’s welfare the primary concern.
- Seek modifications if things change: After final orders, if life circumstances change (job relocation, child’s needs, parenting capacity), you can ask the court to modify custody/visitation orders.
- Work with counsel if needed: When your case involves disputes, potential relocation, abuse/neglect, or other complicating factors, an experienced Austin family law attorney can guide you through local court culture, standing orders, and strategy.
Closing Thoughts
This guide is only meant to give you a foundational understanding of what to expect during the child custody process—this is not legal advice. To realize the full scope of your potential case you need an experienced attorney. Need help navigating Texas Child Custody laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.
At Bollier Ciccone Stinson LLP, our lawyers take your child custody matter to heart. We see it as our personal duty to advocate aggressively for you and your family—while remaining highly sensitive and critically objective to the reality that divorce or separation often negatively impacts children.
The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier, Susannah Stinson, and Emily Landeros who are recognized by the Texas Board of Legal Specialization. The BCS Law team will work together with you to ensure the safety and emotional well-being of you and your children, no matter how intense your conflict may be. Whether an agreement or settlement is reached inside or outside of court, we stand ready to leverage your legal position and rights in a manner that is strategic, effective, and realizes your ultimate goal.