Uncouple

Custody

Parenting Plans in Austin, TX

Requirements and best practices for parenting plans in Austin, TX. Texas is a community property state.

Property Type

Community

Filing Fee

$250–$350

Median Cost

$11,000–$45,000

Annual Divorces

80,000+

Understanding Parenting Plans in Austin, TX

Texas courts determine all custody matters using the best interest of the child standard. This means the court evaluates each parent’s ability to provide a stable, nurturing environment, the child’s existing relationships and routines, and any special needs or preferences (for children old enough to express them).

Child support in Austin, TX is calculated using the Percentage of Income model. The non-custodial parent pays a set percentage of their gross income: typically 20% for one child, 25% for two, and 30% for three.

Texas recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint legal custody is common; physical custody arrangements vary based on the family’s circumstances. The filing fee to initiate custody proceedings in Texas is $250–$350.

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Common Questions

How long do you have to live in Texas to file for divorce?
Texas requires 6 months state + 90 days county of residency before you can file for divorce. Tex. Fam. Code §6.001 governs the filing requirements.
Is Texas a community property or equitable distribution state?
Texas follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Texas?
Filing fees in Texas range from $250–$350. The median total cost is approximately $11,000 for uncontested divorces and $45,000 for contested cases.
How long does a divorce take in Texas?
Texas has a mandatory waiting period of 60 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Texas?
Texas uses a Percentage of Income model, calculating support as a percentage of the non-custodial parent's income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about parenting plans in Austin, TX and is not legal advice. Verify current statutes with Tex. Fam. Code §6.001 or consult a licensed Texas attorney. Last reviewed March 2026.