How Children Enlarge a Texas Filing Packet
Once children are part of a case, Texas wants written answers on four points: who serves as conservator, which home the children live in, how possession time is divided, and what support is paid. Three core documents also change edition. The prove-up paperwork, the decree, and the petition each move to the with-children version, known as the Set B forms.
Original Petition for Divorce, Set B
When children are part of the case, the petition to file is form FM-DivB-100. It collects the name and birth date of every child, states which conservatorship is being asked for, and asks whether a spouse is pregnant.
Final Decree of Divorce, Set B
Form FM-DivB-201 is the order presented to the judge for signature. A single document ends the marriage and lays down conservatorship, possession, child support, plus the terms for medical and dental support.
Standard Possession Order
Attached to the Set B decree, form FM-Chil-306 spells out the calendar. It assigns school breaks, holidays, and ordinary days to one parent or the other, so no one has to rely on memory.
Income Withholding Order for Support
FM-IW-200 is the federal withholding order that goes in whenever support is ordered. It directs the employer of the paying parent to route child support straight out of the paycheck. By agreement it can be suspended so payment happens directly instead.
Record of Support Order
Form 1828A is the record that goes to the state child support registry along with the support order, so the terms sit on file with the office that follows the payments.
Information on Suit Affecting the Family Relationship
Form VS-165 goes in with any divorce filed in Texas so that the state vital statistics office keeps a record of it. Details for the children land on this one as well, which makes a careful second look worthwhile.
Out-of-State Party Declaration
Form FM-OSP-302 is the Texas declaration required by the interstate custody rules. It sets down every place the children have lived along with any other case already on file.
If a child or a party is out of state
Affidavit for Prove-Up, Set B
The notarized with-children affidavit is form FM-DivB-601. Whether it stands in for appearing to give testimony is a county question, since certain courts will take it and others insist on the appearance.
Only in counties whose courts accept it
The Points Both Parents Have to Settle First
That word, agreed, carries weight. If the argument is still live over conservatorship, over the dollar figure for support, or over which house the children sleep in, the case is not agreed yet, and a family law attorney will guard that parent's interests far better than any self-help packet can. When both spouses truly are settled, Texas expects a case with children to put the following list in writing.
The Word Is Conservatorship
Custody goes by the name conservatorship in Texas. State law starts from a presumption that joint managing conservatorship serves a child's best interest, and agreed cases nearly always land there, leaving both parents with their parental rights and a shared say in the major decisions.
Which Home Is the Primary One
For school enrollment and the rest of daily life, the children's residence is tied to the address of one parent. The decree has to name that parent instead of leaving the question open.
Time with Each Parent
The Standard Possession Order is the Texas default, and most agreed cases attach it to the decree. A different arrangement that suits the particular family is allowed as well, provided the parents write it out.
The Support Figure
In Texas the guideline takes 20 percent of net resources from the paying parent for one child and 25 percent for two, with a larger share as more children are added. The judge then measures the parents' own figure against that guideline.
Health and Dental Coverage
One parent is named in the decree as the one who keeps medical and dental insurance for the children. The decree also says how the two households divide any expense the policy does not pay.
How the Money Moves
Most often the employer receives an income withholding order, with the terms captured on the state registry form. Parents who would rather handle payment between themselves can agree to that, and the decree then needs to spell it out.
Things That Hold True with Children in the Case
The Filing Fee Does Not Budge
A Texas divorce generally costs $250 to $350 to open at the county clerk, payable to the court itself, and adding children to the case changes none of that. Where a filer qualifies, the court can waive the fee on a Statement of Inability to Afford Payment of Court Costs. Confirm with the court clerk.
The 60-day Clock Runs the Same
Children make no difference to the mandatory waiting period. From the day the petition reaches the clerk, 60 days have to run before any judge can grant the divorce (Tex. Fam. Code Section 6.702).
The Child Terms Get Judicial Review
During the prove-up the judge weighs the possession, support, and conservatorship terms against the state guidelines and the best interest of the children. That final call rests with the judge every time.
What Preparing the Documents Runs
DIY Basic
$69 one-time
- Every official Texas court form the case calls for, child-specific documents included
- Instructions that walk through signing and filing
- A dashboard that keeps the case in view
Full Support
$199 one-time
- The whole DIY Basic plan
- Before filing, a completeness and consistency check across the conservatorship, possession, and support terms, which is not a legal review
- A case manager on priority support
- Assistance when the clerk raises a problem
The whole cost picture, with nothing hidden: a membership of $39 per month comes with either plan, beginning 30 days after the purchase and billing every month until someone cancels it. Nothing is ever charged when the cancellation happens inside those first 30 days. A typical agreed Texas case handled on DIY Basic therefore lands near $147 if it closes around the 60-day minimum, that being the one-time $69 plus two months of membership. Each additional month a case runs adds $39. Forms for the children sit inside that price rather than behind a separate upsell. What the court charges to file goes to the court and sits outside it.
Check the Local Filing Instructions
Court schedules, filing options for self-represented people, and prove-up practices vary. Confirm the current requirements with the district clerk before submitting the packet. The estimate for court filing fees is $250-$350, confirm with the court clerk. Optional preparation fees do not cover the court charge.
What Parents Usually Ask
Are parents allowed to pick their own support amount?
Different terms are allowed by agreement, though the judge holds any agreement up against the Texas child support guidelines. When the agreed number departs from the guideline calculation, that departure has to be written into the decree, and it still goes through the judge's review.
Will the children have to appear in court?
No. Nothing in an agreed Texas divorce calls for a child to attend a hearing or talk to a judge. The prove-up involves the judge, the spouse who filed, and the other spouse in courts that ask for them.
Does a case with children take longer to wait out?
Not as a matter of statute. Either way, the 60-day waiting period begins on the filing date of the petition. The part that eats time in practice is settling the child-related terms correctly, because the support paperwork, the possession order, and the decree all have to line up with one another.
What happens when one parent lives elsewhere?
An extra document joins the packet, the Out-of-State Party Declaration on form FM-OSP-302, listing the children's past homes and any custody case already open somewhere else. Texas residency still governs the right to file here, meaning 6 months in the state and 90 days in the county.
Should any of this be treated as legal advice?
No. Everything above is general background on how an agreed Texas divorce with children works, and it speaks to no particular household. Preparing court forms falls outside the practice of law, so a form preparer is in no position to advise a parent on which conservatorship or support terms to agree to. The person who reads the documents through, puts a signature on them, and delivers them to the clerk carries that responsibility.
Official Sources and Instructions
- TexasLawHelp Divorce Instructions Without Children
- TexasLawHelp Divorce Instructions With Children
- Texas State Law Library: Divorce Finalization
Use current forms and confirm local filing requirements, fees, and finalization practices with the district clerk.