Austin Family Law FAQ: Divorce, Custody & Child Support Questions Answered by RRK Law
By: R. Kiesling, Attorney at Law | Last Updated: January 23, 2026
Facing a divorce, custody dispute, or child support issue in Austin or Travis County? Family law matters are emotional and complex. Below are answers to the most common questions about divorce, child custody, child support, and family law proceedings in Texas.
What factors does a Texas court consider for child custody?
Texas courts base custody decisions on the precedent of Holley v. Adams (1976). Factors include:
- The child's desires (if age-appropriate)
- Emotional and physical needs of the child
- Any danger to the child
- Parental abilities to care for the child
- Stability of each parent's home environment
- Parenting plans proposed by each parent
- Physical and mental health of parents
- Any history of family violence or substance abuse
The court's primary concern is always the best interest of the child.
Does the mother always get custody in Texas?
No. While courts may consider the "tender years" doctrine for very young children, both parents have equal legal standing for custody in Texas. The court evaluates the fitness of each parent to raise the child based on character, ability to provide care, stability, and the child's best interests. Fathers have equal opportunity to gain full or partial custody if they can demonstrate they are fit parents.
What is joint custody in Texas?
Joint custody (called joint managing conservatorship in Texas) means both parents share decision-making responsibilities for major issues affecting the child, such as education, medical care, and religious upbringing. The child typically spends substantial time with both parents, though not necessarily equal time. As long as both parents are deemed fit and capable of contributing to the child's growth, joint custody is possible and often preferred by Texas courts.
Can one parent deny visitation to the other parent in Texas?
No. Once a custody order is established, the parent with primary physical custody cannot legally deny the other parent their court-ordered visitation rights. Doing so can result in contempt of court charges and potential modification of custody arrangements. If you're being denied visitation, document each instance and contact a family law attorney immediately to enforce your rights.
Will leaving the family home hurt my custody case?
Yes, leaving the family home without your child can be viewed by the court as a sign of neglect or unwillingness to parent. If you need to leave the marital home during separation or divorce proceedings, it's best to take your child with you if you want to maintain strong custody rights. Always consult with an Austin family law attorney before making this decision.
How is child support calculated in Texas?
Texas uses statutory guidelines for child support based on the non-custodial parent's net monthly income:
- 1 child: 20% of net income
- 2 children: 25% of net income
- 3 children: 30% of net income
- 4 children: 35% of net income
- 5 children: 40% of net income
- 6+ children: Not less than 40% of net income
The court may deviate from these guidelines based on special circumstances, such as the child's medical needs, educational expenses, or travel costs for visitation.
Can child support be modified in Texas?
Yes. Child support orders can be modified if there has been a material and substantial change in circumstances since the original order. Common reasons include:
- Significant change in either parent's income
- Change in the child's needs (medical, educational)
- Change in custody arrangements
- Three years since the order and monthly support would change by $100 or 20%
How long does a divorce take in Texas?
Texas has a mandatory 60-day waiting period from the date the divorce petition is filed until the divorce can be finalized. For uncontested divorces with no children or complex property issues, the divorce can be completed as soon as the 60-day waiting period ends. Contested divorces involving child custody disputes, property division disagreements, or other complications can take 6 months to over a year to resolve.
Is Texas a community property state for divorce?
Yes. Texas is a community property state, meaning all assets and debts acquired during the marriage are generally considered community property and will be divided in a "just and right" manner (which usually means roughly equal division). Separate property—assets owned before marriage, inheritances, and gifts—typically remains with the original owner. However, proving separate property can be complex and requires clear documentation.
What are Travis County Standing Orders in family law cases?
Travis County Standing Orders are automatic court orders that go into effect immediately when a divorce or child custody case is filed. These orders prohibit both parties from:
- Hiding or destroying property
- Making unusual financial transactions
- Removing children from their habitual residence
- Harassing the other party
- Canceling insurance policies
Violating standing orders can result in contempt of court and negatively impact your case.
Can grandparents get visitation rights in Texas?
Yes, but it's difficult. Texas law presumes that a parent's decision regarding grandparent access is in the child's best interest. Grandparents must overcome this presumption by showing that denying access would significantly impair the child's physical health or emotional well-being. Grandparents may have better standing if: a parent is deceased, a parent's rights have been terminated, the parent is incarcerated, or if the grandparent had substantial past involvement in the child's life.
How does a criminal charge affect my family law case?
Criminal charges—especially DWI, assault, domestic violence, or drug offenses—can significantly impact child custody and divorce proceedings in Travis County. A pending criminal charge may be used as evidence of unfitness as a parent, even before conviction. The court may order supervised visitation, restrict parenting time, or modify custody arrangements. If you're facing both criminal and family law matters, it's critical to have an attorney who can coordinate both cases to protect your parental rights.
Legal Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Family law cases are fact-specific. Consult with a licensed Texas family law attorney about your specific situation. Past results do not guarantee future outcomes.
Need Help with a Family Law Matter in Austin?
Whether you're facing divorce, fighting for custody, or need to modify child support, RRK Law has the experience to guide you through this challenging process. Contact us at 512-436-2779 for a free consultation.