A general checklist of things to keep in mind during a divorce or custody modification. This isn’t exhaustive or legal advice — talk through the specifics with your attorney, and confirm current Texas Family Code citations, since section numbers can change over time.
Custody & possession basics
- Ask about joint managing conservatorship — it’s available even if the other parent objects.
- Get the child’s county of residence clearly defined in the order, rather than left to either parent’s discretion.
- If you have standard visitation, you generally have the right to pick up your kids at school on Friday and return them Monday, and to pick them up Wednesdays — ask your attorney about exercising this.
- For exchanges that aren’t at school, “pick-up, pick-up” (each parent picks up at the start of their own time) is usually preferable to one parent handling all the driving both ways.
- If the court orders a custody evaluation, ask that it follow your state’s standard professional guidelines.
- Consider naming a specific mediation center in your decree for resolving future disagreements without going back to court.
Before the trial
- Do: close joint accounts, get an honest read on your case from your attorney, keep a written record of key events and dates, and reassure your kids you’re not divorcing them too.
- Don’t: move out of the house unless a court orders it, badmouth your ex to your kids, or use a lawyer who doesn’t believe in your case.
During the trial
- Do: attend depositions and hearings even if your attorney says it’s optional, keep originals of every document, and push for specific, detailed visitation terms.
- Don’t: sign anything you don’t fully understand, panic over a temporary custody ruling, or agree to support based solely on your income — both parents owe support.
After the trial
- Do: exercise your visitation consistently, follow the order even if your ex doesn’t, and give your kids room to adjust.
- Don’t: relitigate the divorce with your children, or be afraid to move on with your own life.
If you fall behind on child support because of a job loss or reduced income, contact the Attorney General’s office or your attorney immediately to request a modification — the existing amount stays in effect, and generally can’t be reduced retroactively, until you do.