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Sometimes, parties filing for divorce in Texas with children are unable to come to an agreement about child custody. In these situations, the court will decide how custody will be divided. Texas courts try to award joint custody when possible. Joint custody means that the child spends some time with each parent.
Typically a divorce involving children where parents are able to use mediation to agree on all key issues will take around six months, while a contested divorce where parents cannot agree on a child custody arrangement could take over a year.
Uncontested divorces are not granted to couples with minor children in Texas. Rather, a form of "agreed divorce" is granted. This means you both must agree on all issues related to the divorce (including child custody and child support), and you are both willing to sign all court forms.
Under Texas law, both parents are expected to share custody unless one parent is proven or determined to be unfit. To get sole custody of a child in Texas, a spouse can file for possessory conservatorship (physical custody) or managing conservatorship (legal custody).
How To File For Custody of a Child in Texas Step One: Enlist in the Help of an Attorney. While it's possible to pursue custody without a lawyer, this is generally not recommended. ... Step Two: Fill out Forms and Prepare Documents. ... Step Three: Begin Collecting Evidence. ... Consult an Attorney at Warren & Migliaccio.