Family Law Attorney
Houston, Conroe & Montgomery County, TX

• Divorce — contested, uncontested, and high-asset
• Child custody and conservatorship — including SAPCR proceedings
• Child support — establishment, modification, and enforcement
• Division of marital property — community and separate property
• Spousal maintenance and contractual alimony
• Prenuptial and postnuptial agreements
• Grandparents' rights and third-party access
• Adoption — stepparent, private, and adult
• Paternity — establishment and contest
• Custody and support modifications
• Enforcement actions and contempt proceedings
• Parental alienation matters

• Uncontested divorce (no children): 60–90 days after filing
• Uncontested divorce (with children): 60–120 days
• Contested divorce: 6 months to 2+ years
• Custody modification: 2–9 months depending on whether agreed or contested
• Enforcement/contempt: 6–12 weeks for a hearing date in most counties
• Emergency custody: Same day to 14 days for a temporary order hearing

An uncontested case is one where both parties have reached full agreement on all terms — property, children, support, and debt. These cases move faster and cost significantly less. Our firm offers flat-fee attorney-guided uncontested divorce and agreed custody modifications through 2500Divorce.com for qualifying matters.

A contested case involves one or more disputed issues that require negotiation, formal discovery, mediation, or ultimately a trial. Most contested cases in Montgomery County and Harris County resolve through mediation before reaching trial — but having experienced representation from the start affects the quality of what gets negotiated.

No. Texas allows no-fault divorce on the grounds of insupportability — the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage.

Texas also recognizes fault grounds: adultery, cruelty, abandonment, felony conviction, living apart for three or more years, and confinement to a mental hospital. Establishing fault can influence property division in some cases.

Texas is a community property state. Assets and debts acquired during the marriage are generally community property, subject to division in a just and right manner — not automatically 50/50. Courts consider factors including each spouse's earning capacity, health, fault in the breakup, and custody of minor children.

Separate property — owned before marriage or received as a gift or inheritance — is generally not subject to division, but the claiming party bears the burden of proof. See our property division page.

• One spouse buys out the other's equity and keeps the home
• The home is sold and proceeds divided
• One spouse — typically the primary caregiver for children — remains temporarily with a deferred sale

Texas has strict eligibility requirements for court-ordered spousal maintenance. You must generally have been married at least ten years and be unable to earn sufficient income to meet minimum reasonable needs — or have a disabling condition, or be the custodian of a child with a disability.

Spouses can also agree to contractual alimony regardless of statutory requirements. See our spousal maintenance page.

Conservatorship is the Texas term for what most states call legal custody — the legal rights and duties a parent holds with respect to a child, including decisions about education, healthcare, and religious upbringing.

Texas courts separately address conservatorship (decision-making rights) and possession and access (the physical schedule). The most common arrangement is joint managing conservatorship (JMC), where both parents share rights and one is designated to establish primary residence.

• Each parent's day-to-day involvement in the child's life
• Stability of each home environment
• The child's existing relationships with siblings and extended family
• Each parent's physical and mental health
• Any history of family violence, substance abuse, or neglect
• Each parent's ability to encourage a relationship with the other parent
• For children 12 and older — the child's expressed preference

The Texas Standard Possession Order (SPO) is the default visitation schedule for the non-primary parent when parents live within 100 miles of each other. It includes:

• 1st, 3rd, and 5th weekends of each month
• Thursday evening visits during the school year
• Alternating holidays
• Extended 30-day summer possession

The SPO can be modified by agreement or court order to fit the family's specific circumstances.

Parental alienation refers to a pattern of behavior that systematically undermines a child's relationship with the other parent. Common forms include:

• Making false or exaggerated allegations to the child about the other parent
• Interfering with court-ordered possession time
• Speaking negatively about the other parent in the child's presence
• Coaching the child to reject or fear the other parent
• Limiting the child's communication with the other parent
• Enrolling the child in activities that conflict with the other parent's possession time

Texas courts take documented parental alienation seriously — it is a factor in the best interest analysis and can support a request for modification of the custody arrangement.

How you respond matters significantly for future legal proceedings:

• Document everything — keep a detailed log with dates, times, and what occurred
• Save all communications — texts, emails, and voicemails
• Do not retaliate — do not withhold support or violate the order yourself
• Maintain your relationship with your child — show up for every exchange and event
• Speak with a family law attorney before taking any legal action

Our firm handles parental alienation matters in Montgomery County and Harris County. Contact us to evaluate your options before the situation escalates.

Yes — in appropriate cases. Courts have modified primary conservatorship where one parent's alienating conduct caused measurable harm to the child's relationship with the other parent. To support a modification you generally need to show:

• A material and substantial change in circumstances — the alienating conduct is the change
• That modification would be in the best interest of the child
• Documented evidence of the alienating behavior and its impact

Texas child support uses statutory guideline percentages of the paying parent's monthly net resources:

• 1 child — 20% of net resources
• 2 children — 25%
• 3 children — 30%
• 4 children — 35%
• 5 or more children — 40%

Courts can deviate from guidelines when the child has special needs, when the paying parent supports children in other households, or when other circumstances justify deviation.

A significant income change is one of the most common grounds for a child support modification. The paying parent must file a petition for modification — simply stopping or reducing payments without a court order is a violation subject to enforcement.

Courts do not retroactively reduce support for periods before the modification petition was filed. If you experience a significant income change, contact a family law attorney immediately to begin the process.

• Contempt of court and possible incarceration
• Driver's license and professional license suspension
• Passport denial or revocation
• Seizure of tax refunds and bank accounts
• Liens on real estate and personal property
• Accumulated arrearages with interest

This is the legal threshold to modify most Texas family court orders. Common qualifying changes include:

• A parent's relocation outside a geographic restriction
• A significant change in either parent's income or employment
• A parent's remarriage that materially affects the child's environment
• A new safety concern — domestic violence, substance abuse, neglect
• Changes in the child's school, healthcare, or developmental needs
• Documented parental alienation

Minor disagreements or routine lifestyle differences typically do not meet the threshold. Courts also require any modification be in the best interest of the child.

Generally, Texas courts will not consider a modification filed within one year of the most recent custody order unless:

• The circumstances involve immediate danger to the child's physical or emotional health
• The primary conservator has voluntarily relinquished primary care for at least six months

After one year, a modification can be sought on the standard material and substantial change basis. When both parents agree, a modification can proceed at any time.

An agreed modification is one where both parents have reached complete agreement on the changes to be made. These move significantly faster and cost less than contested modifications.

Important: an informal agreement between parents — even one in a text or email — is not legally enforceable. Only a signed court order can be enforced through contempt. Our firm handles agreed modifications, and qualifying cases may be eligible for flat-fee service through 2500Divorce.com.

Child support can be modified in two situations:

• Material and substantial change in circumstances — significant income change, change in the child's needs, or change in custody arrangement
• Three-year rule — if it has been three or more years since the last order, and the current amount differs from the guideline amount by 20% or $100

Courts will not retroactively reduce support for periods before the modification petition was filed. Our firm handles support modification petitions in Conroe, Houston, Montgomery County, and Harris County.

Enforcement means using the court's authority to compel compliance. Mechanisms include:

• Motion for enforcement — filed in the issuing court, asking the judge to find the violating party in contempt
• Contempt of court — civil or criminal, with fines and possible incarceration
• Wage withholding — automatic income withholding for child support
• License suspension — driver's, professional, and recreational licenses
• Makeup possession time — additional time when possession was wrongfully withheld
• Attorney's fees — courts can award fees to the prevailing party

Steps to take when the other parent is violating the custody order:

• Document every violation — dates, times, what happened, what was said
• Save all communications — texts, emails, voicemails
• Do not retaliate — do not withhold support or violate the order yourself
• Contact a family law attorney — before filing anything, evaluate whether enforcement, modification, or both is the right approach

Our firm handles custody enforcement actions in Montgomery County and Harris County courts.

Yes. Texas family court orders are enforceable across state lines:

• Child support: The Uniform Interstate Family Support Act (UIFSA) allows enforcement in other states. Texas retains jurisdiction as long as one party or the child still lives here.
• Custody orders: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction. Texas typically retains jurisdiction to modify until another state takes over through proper procedures.

Interstate enforcement is procedurally complex. Consult a family law attorney before taking action.