The Texas Family Code is the state law that governs marriage, divorce, property division, spousal maintenance, child custody, visitation, child support, paternity, adoption and protective orders. This guide summarizes the parts of the Code that come up most often in family law cases, in plain English, with links to the official text of each chapter.
Last reviewed October 2026. The official Texas statutes website is current through the 89th Legislature’s 2025 sessions. Laws change, so always check the official Texas Constitution and Statutes website before relying on a section.
Jump to: Most-searched sections · Marriage, divorce and property · Children and minors · Protective orders · Custody, support and paternity · Common questions
Most-searched Texas Family Code sections
| Section | Topic | What it says |
|---|---|---|
| § 6.001 | No-fault divorce | A divorce may be granted without fault if the marriage has become insupportable because of discord or conflict of personalities. |
| § 6.301 | Residency | One spouse must have lived in Texas for the preceding six months and in the county of filing for the preceding 90 days. |
| § 6.702 | Waiting period | A divorce generally cannot be granted before the 60th day after the suit was filed, with exceptions involving family violence. |
| § 3.003 | Community property presumption | Property either spouse has during or at the end of the marriage is presumed to be community property; separate property must be proved by clear and convincing evidence. |
| § 7.001 | Property division | The court divides the community estate in a manner it deems “just and right.” |
| § 8.051, 8.055 | Spousal maintenance | Eligibility is limited, and monthly maintenance cannot exceed the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. |
| § 153.002 | Best interest of the child | The child’s best interest is always the court’s primary consideration in custody and visitation. |
| § 153.131 | Joint managing conservatorship | It is presumed that naming both parents joint managing conservators is in the child’s best interest, subject to exceptions such as family violence. |
| § 153.312 | Standard possession order | Weekends beginning the 1st, 3rd and 5th Friday, and Thursday evenings during the school year, for parents who live 100 miles or less apart. |
| § 153.009 | Child’s wishes | On request, the judge must interview a child 12 or older in chambers about conservatorship and may interview a younger child. |
| § 154.125 | Child support guidelines | 20% of net resources for one child, 25% for two, 30% for three, 35% for four and 40% for five, up to the current cap of $11,700 a month. |
| § 154.001 | How long support lasts | Until the child turns 18 or graduates from high school, whichever is later, and indefinitely for some disabled children. |
| § 156.101 | Custody modification | A material and substantial change in circumstances, and a modification in the child’s best interest. |
| § 156.401 | Child support modification | A material and substantial change, or three years since the last order plus a difference of 20% or $100 from the guideline amount. |
| § 85.025 | Protective order length | Generally up to two years, and longer in certain serious cases. |
Want to see your own numbers? Try our Texas child support calculator or the standard possession order calendar.
Title 1: The marriage relationship
Chapter 2: The marriage relationship
Covers marriage licenses, ceremonies and informal (common-law) marriage. Under § 2.401, an informal marriage can be proved by a signed declaration of informal marriage, or by showing the couple agreed to be married, then lived together in Texas as spouses and told others they were married. If a case to prove an informal marriage is not filed within two years after the couple separated, the law presumes there was no agreement to be married, although that presumption can be rebutted.
Chapter 3: Marital property rights and liabilities
Texas is a community property state. Separate property is what a spouse owned before marriage, received during marriage by gift or inheritance, and most personal injury recoveries (§ 3.001). Everything else acquired during the marriage is community property (§ 3.002), and the law presumes property is community unless separate character is proved by clear and convincing evidence (§ 3.003). See protected assets in a Texas divorce.
Chapter 4: Premarital and marital property agreements
Allows prenuptial and postnuptial agreements. Under § 4.006, an agreement is not enforceable if the party challenging it proves they did not sign voluntarily, or that it was unconscionable and they did not receive, waive in writing or otherwise have fair disclosure of the other party’s finances. See our prenuptial agreement page.
Chapter 5: Homestead rights
Protects the family home, including limits on selling or encumbering the homestead without both spouses joining.
Chapter 6: Suit for dissolution of marriage
- Grounds (§§ 6.001–6.007): insupportability (no-fault), cruelty, adultery, felony conviction with at least one year of imprisonment, abandonment for at least one year, living apart for at least three years, and confinement in a mental hospital for at least three years.
- Residency (§ 6.301): six months in Texas and 90 days in the county where the divorce is filed, for at least one spouse.
- Temporary orders (§ 6.502): while the divorce is pending, the court can order inventories, temporary spousal support, attorney’s fees, use of property and other relief. See temporary orders.
- Mediation (§ 6.602): a mediated settlement agreement is binding if it states in bold, capital letters or underlining that it is not subject to revocation and is signed by the parties and any attorneys present.
- Waiting period (§ 6.702): 60 days from filing, with exceptions for certain family violence situations. See how long a Texas divorce takes.
Chapter 7: Award of marital property
The court divides the community estate in a manner that is “just and right,” having due regard for the rights of each party and any children (§ 7.001). A just and right division is not always 50/50. See property division.
Chapter 8: Maintenance (alimony)
- Eligibility (§ 8.051): the spouse asking for maintenance must lack enough property to meet minimum reasonable needs, and either the other spouse committed family violence within two years before filing or during the case, or the requesting spouse has an incapacitating disability, was married 10 years or more and cannot earn enough, or cares for a disabled child of the marriage.
- Duration (§ 8.054): generally no more than 5 years for marriages under 20 years (or under 10 years when based on family violence), 7 years for marriages of 20 to 30 years, and 10 years for marriages of 30 years or more, with exceptions for disability.
- Amount (§ 8.055): no more than the lesser of $5,000 a month or 20% of the paying spouse’s average monthly gross income. See spousal support.
Chapter 9: Post-decree proceedings
After a divorce, the court can enforce or clarify the property division but cannot change it (§§ 9.006–9.007). The court also keeps jurisdiction to sign qualified domestic relations orders (QDROs) dividing retirement plans (§ 9.101).
Title 1-A, Chapter 15: Collaborative family law
Sets the rules for collaborative divorce, where both spouses and their lawyers agree to work out a settlement without going to court.
Title 2: Child in relation to the family
- Chapter 31: a minor who is 17, or at least 16 and living apart from their parents, and who is self-supporting may ask a court to remove the disabilities of minority (§ 31.001).
- Chapter 32: who may consent to medical treatment for a child when a parent is not available.
- Chapter 34: an authorization agreement lets parents give a nonparent adult caregiver, such as a grandparent, authority to consent to medical care, enroll the child in school and similar acts.
- Chapter 35: temporary court authorization for a relative caring for a child.
- Chapter 45: name changes for children and adults. An adult files in the county where they live, with a verified petition and fingerprints (§§ 45.101–45.102).
Guardianship of an adult or a child’s estate is governed mainly by the Texas Estates Code, not the Family Code. See our guardianship page.
Title 3: Juvenile Justice Code
Chapters 51 through 61 cover juvenile delinquency cases for children accused of breaking the law.
Title 4: Protective orders and family violence
- Family violence (§ 71.004): an act by a member of a family or household intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places a family member in fear of imminent harm. It also includes abuse of a child in the household and dating violence.
- Who may apply (§ 82.002): an adult member of the family or household may apply to protect themselves or another member of the family or household.
- Temporary ex parte orders (§ 83.002): may be issued without notice to the other party and last up to 20 days, and can be extended in 20-day periods.
- Final orders (§§ 85.001, 85.025): if the court finds family violence occurred, it must issue a protective order, which generally lasts up to two years and can last longer in certain serious cases.
See our protective order page and how to get a protective order in Texas.
Title 5: The parent-child relationship
Title 5 covers suits affecting the parent-child relationship (often called SAPCRs): custody, visitation, child support, paternity, termination and adoption.
Chapter 102: Filing suit (standing)
Lists who may file a custody case: parents, guardians and others (§ 102.003). Grandparents and other close relatives can file for managing conservatorship in limited situations, such as when the child’s present circumstances would significantly impair the child’s physical health or emotional development (§ 102.004).
Chapter 105: Settings, hearings and orders
While a custody case is pending, the court may issue temporary orders for conservatorship, support, keeping the peace, keeping the child within a geographic area and attorney’s fees (§ 105.001).
Chapter 107: Special appointments and custody evaluations
Covers amicus attorneys, attorneys ad litem and guardians ad litem for children, and court-ordered child custody evaluations.
Chapter 152: Uniform Child Custody Jurisdiction and Enforcement Act
Decides which state’s courts can make and enforce custody orders when parents live in different states.
Chapter 153: Conservatorship, possession and access
This is the core custody chapter. Texas uses “conservatorship” for custody and “possession and access” for visitation.
- Public policy (§ 153.001): children should have frequent and continuing contact with parents who act in their best interest, in a safe, stable and nonviolent environment. A court cannot condition visitation on payment of child support.
- Best interest (§ 153.002): always the court’s primary consideration. See factors courts consider in Texas custody cases.
- Family violence (§ 153.004): the court must consider family violence and sexual abuse, and may not appoint joint managing conservators if there is credible evidence of a history or pattern of abuse or family violence.
- Agreed parenting plans (§ 153.007): if parents agree and the plan is in the child’s best interest, the court will adopt it.
- Mediation and arbitration (§ 153.0071): the court can refer custody cases to mediation or, by agreement, arbitration. See what to expect at mediation.
- Child’s wishes (§ 153.009): Texas does not let a child choose where to live, but on request the judge must interview a child 12 or older in chambers and may interview a younger child.
- Joint managing conservators (§§ 153.131, 153.134): there is a rebuttable presumption that naming both parents joint managing conservators is in the child’s best interest.
- Standard possession order (§§ 153.252, 153.312–153.317): presumed to be the reasonable minimum time for the non-primary parent. For parents 100 miles or less apart: 1st, 3rd and 5th weekends from 6 p.m. Friday to 6 p.m. Sunday, Thursdays from 6 to 8 p.m. during the school year, alternating holidays and 30 days in the summer. Weekends extend for Monday or Friday school holidays (§ 153.315), and a parent may elect expanded times beginning when school lets out and ending when school resumes (§ 153.317). See our 2026–27 possession schedule calendar and expanded standard possession.
- Children under three (§§ 153.251, 153.254): the standard possession order is designed for children three and older. For younger children, the court sets a schedule based on factors such as each parent’s caregiving and the child’s needs.
- Grandparent access (§§ 153.432–153.433): a grandparent must overcome the presumption that a parent acts in the child’s best interest by proving that denying access would significantly impair the child’s physical health or emotional well-being.
See child custody and visitation rights.
Chapter 154: Child support
- Duration (§§ 154.001, 154.302): until the child turns 18 or graduates from high school, whichever is later, or indefinitely for a child with a disability that began before 18 and who requires substantial care.
- Net resources (§ 154.062): include wages, overtime, commissions, bonuses, self-employment income, rental income and most other income, minus Social Security taxes, federal income tax (figured as a single person), state income tax, union dues and the cost of the child’s court-ordered health and dental insurance.
- Guidelines (§ 154.125): 20% of net resources for one child, 25% for two, 30% for three, 35% for four, 40% for five and not less than 40% for six or more. The guidelines apply up to a cap on monthly net resources set by the Attorney General’s office, which is $11,700 a month as of September 1, 2025. Above the cap, the court may order more based on the child’s proven needs (§ 154.126).
- Other children (§ 154.129): lower percentages apply when the paying parent supports children in more than one household.
- Retroactive support (§ 154.131): the court can order back support, considering factors such as whether the father knew of the child.
- Health insurance (§ 154.182): the court must order health care coverage for the child, in addition to regular support.
Estimate support with our child support calculator, or read about child support and Attorney General cases.
Chapter 155: Continuing, exclusive jurisdiction
Once a court signs a final custody or support order, that court generally keeps continuing, exclusive jurisdiction over later changes (§ 155.001), unless the case is transferred.
Chapter 156: Modification
- Custody and visitation (§ 156.101): requires a material and substantial change in circumstances since the last order, and the change must be in the child’s best interest. Other grounds include a child 12 or older stating a preference to the judge.
- Within one year (§ 156.102): a suit to change who decides the child’s primary residence within a year of the order requires an affidavit showing, for example, that the child’s present environment may endanger the child.
- Child support (§ 156.401): requires a material and substantial change, or that three years have passed and the current amount differs from the guideline amount by 20% or $100.
See child support modification and modifying a custody order.
Chapter 157: Enforcement
Each missed child support payment becomes a final judgment (§ 157.261), and unpaid support accrues 6% simple interest a year (§ 157.265). A motion for contempt over unpaid support must be filed within two years after the child becomes an adult or the support obligation ends (§ 157.005). Courts can also enforce visitation orders. See enforcement.
Chapter 158: Withholding from earnings
Child support is usually paid by wage withholding: the employer deducts it from the paycheck and sends it to the State Disbursement Unit.
Chapter 159: Uniform Interstate Family Support Act
Governs child support when parents live in different states.
Chapter 160: Uniform Parentage Act (paternity)
A man is presumed to be the father of a child born during his marriage to the mother, or within 300 days after the marriage ends (§ 160.204). Parents who are not married can sign an acknowledgment of paternity (§ 160.301). A case challenging a presumed father’s paternity generally must be filed by the child’s fourth birthday, with exceptions (§ 160.607). See paternity.
Chapter 161: Termination of the parent-child relationship
Lists the grounds on which a court may terminate parental rights, which must be proved by clear and convincing evidence along with the child’s best interest (§ 161.001), and allows a parent to request termination of their own rights (§ 161.005). Termination ends the parent’s rights and duties, including the duty of future support.
Chapter 162: Adoption
Covers who may adopt and be adopted, including stepparent adoption (§ 162.001), and required consents. A child 12 or older must consent in writing or in court, although the court may waive this if it serves the child’s best interest (§ 162.010). See adoption.
Subtitles C–E: courts, child support services and child protection
- Chapter 201: associate judges, who hear many family law matters.
- Chapter 203: domestic relations offices, which in some counties help with support enforcement and visitation.
- Chapter 231: Title IV-D services, the child support program run by the Texas Attorney General’s office.
- Chapter 232: suspension of licenses, including driver’s and professional licenses, when a parent owes at least three months of support and fails to follow a repayment schedule (§ 232.003).
- Chapter 261: reporting and investigation of child abuse and neglect. Anyone who believes a child has been abused or neglected must report it immediately.
- Chapters 262 and 263: CPS cases, emergency removals and court review of children in state care. See CPS cases.
Common questions about the Texas Family Code
Where can I read the full Texas Family Code?
The official text is on the State of Texas Texas Constitution and Statutes website. Each chapter heading on this page links to it.
Is Texas a community property state?
Yes. Property acquired during the marriage is presumed to be community property, and in a divorce the court divides it in a manner that is just and right (§§ 3.003, 7.001).
At what age can a child choose which parent to live with in Texas?
No age lets a child decide. A child 12 or older can be interviewed by the judge about their wishes on request, but the decision is based on the child’s best interest (§§ 153.002, 153.009).
How much is child support in Texas?
Generally 20% of the paying parent’s net resources for one child, increasing by 5% for each additional child, applied up to $11,700 a month in net resources (§ 154.125). Use our calculator for an estimate.
How long does a divorce take in Texas?
At least 60 days from filing in most cases (§ 6.702). Contested cases often take longer.
Does Texas have alimony?
Texas calls it spousal maintenance, and it is limited by eligibility rules, duration limits and a monthly cap (Chapter 8). Spouses can also agree to contractual alimony.
Questions about how the Family Code applies to you?
The Code is complex, and how it applies depends on your facts and your county’s local rules. Call the Law Offices of Jesus R. Lopez at (210) 224-5245 or send us a message to schedule a consultation, in English or Spanish. We serve San Antonio, Austin, New Braunfels, Seguin and San Marcos.
This page summarizes Texas law for general information and is not legal advice. Summaries leave out details and exceptions; read the full statute and talk with a lawyer about your situation. Contacting us does not create an attorney-client relationship.