Family Law

Family Law in The Woodlands: Clear Guidance Under the Texas Family Code

At Hernandez Law Firm, we help individuals and families in The Woodlands, Texas navigate the family-law issues that affect day-to-day life the most—divorce, child custody, child support, property division, and post-decree disputes.

Texas family law is driven by one central framework: the Texas Family Code—the statutes that guide how courts approach divorce, conservatorship/custody, possession schedules, child support, spousal maintenance, protective orders (and more). Texas Statutes

This page is designed to be a detailed, client-friendly overview of (1) what family law issues typically involve, (2) how Texas courts are directed to handle them, and (3) how our firm approaches these cases with strategy, structure, and realistic planning.

Important note: This page is general information, not legal advice, and it does not create an attorney-client relationship.

What “Family Law” Covers in Texas

Family law is broader than divorce. Depending on your situation, your case may involve:

• Divorce (with or without children) Texas Statutes

• Child custody / conservatorship, possession, and access Texas Statutes

• Child support, medical support, and dental support Texas Statutes

• Property division and characterization issues (community vs. separate property) Texas Statutes

• Spousal maintenance (sometimes called alimony) Texas Statutes

• Modifications and enforcement after final orders (custody, support, visitation, and other terms) Texas Statutes+1

• Cases involving family violence or safety protections (definitions and custody impacts are addressed in the Texas Family Code) Texas.Public.Law+1

Family Law in The Woodlands: Jurisdiction, Venue, and Where Cases Are Filed

Divorce residency requirements in Texas

Before a Texas court can grant a divorce, the Texas Family Code requires that either spouse be:

• a domiciliary of Texas for the preceding six months, and

• a resident of the county of filing for the preceding 90 days. Texas.Public.Law

Child custody (SAPCR) venue basics

For many custody-related cases (often called SAPCR cases—Suits Affecting the Parent-Child Relationship), the Texas Family Code provides that an original suit is generally filed in the county where the child resides, with exceptions such as when another court has continuing exclusive jurisdiction. Texas Statutes

(In practical terms, The Woodlands families are often dealing with Montgomery County filing logistics—but the correct venue depends on the facts and any existing orders.) Texas Statutes

Divorce in Texas: What the Law Actually Says

“No-fault” divorce: Insupportability

Texas allows divorce “without regard to fault” if the marriage has become insupportable due to conflict that destroys the legitimate ends of the marital relationship and prevents reasonable reconciliation. Texas Statutes

Texas also recognizes fault grounds (like cruelty), but many cases proceed under insupportability depending on goals, evidence, and strategy. Texas Statutes

Common divorce issues we handle

A divorce case is often a bundle of issues resolved at once, including:

• temporary orders while the case is pending

• child-related issues (conservatorship, possession/access, support)

• property and debt division

• spousal maintenance (in qualifying cases)

• final decree drafting (critical for enforceability)

Texas statutes addressing divorce are organized within the Family Code’s dissolution provisions. Texas Statutes

Child Custody in Texas: Conservatorship, Possession, and Access

In Texas, people commonly say “custody,” but the Family Code focuses on:

• Conservatorship (rights/duties and decision-making)

• Possession and Access (the schedule—often called visitation)

These concepts are primarily covered in Texas Family Code Chapter 153. Texas Statutes

The best-interest standard

The Texas Family Code states that the best interest of the child is always the court’s primary consideration when determining conservatorship and possession/access. Texas Statutes+1

Presumption favoring a parent as managing conservator (with important exceptions)

Texas Family Code §153.131 describes a presumption that a parent should be appointed as sole managing conservator or that both parents should be appointed joint managing conservators—unless doing so would not be in the child’s best interest and would significantly impair the child’s physical health or emotional development (and subject to restrictions relating to domestic violence). Texas.Public.Law+1

Domestic violence and custody restrictions

The Family Code defines family violence and also includes provisions affecting conservatorship/possession decisions when credible evidence of abuse/violence exists. Texas.Public.Law+2Texas.Public.Law+2

Possession Schedules: Standard Possession Order and Custom Plans

Many Texas parenting schedules build from the concept of a Standard Possession Order (SPO), which is addressed within Chapter 153 (including Subchapter F). Texas Statutes

Texas law also addresses details used in SPO language—such as how “school” is referenced in a standard possession order. Texas Statutes+1

What this means for parents in The Woodlands:
A custody order should be tailored to real life—school routines, work schedules, commute time, extracurriculars, holidays, and exchange logistics—while still fitting within the legal framework Texas courts use. Chapter 153 is the backbone for those decisions. Texas Statutes

Child Support in Texas: Guidelines, Net Resources, and Support Obligations

Child support in Texas is primarily governed by Texas Family Code Chapter 154. Texas Statutes

Guidelines and how courts use them

The Family Code states that child support guidelines are intended to guide the court in determining an equitable amount of support. Texas.Public.Law+1

Texas also addresses application of guidelines to an obligor’s net resources (and references the “maximum amount of net resources” as published by the Title IV-D agency in the Texas Register). FindLaw Codes

Medical and dental support

Texas law also contemplates medical and dental support in addition to guideline child support. Texas Statutes

Property Division in Texas Divorce: “Just and Right” (Not Always 50/50)

Texas is a community property state, but the Family Code’s key directive in divorce property division is that the court must divide the estate in a manner it deems “just and right,” with due regard for the rights of each party and any children of the marriage. Texas Statutes

Why that matters:
Many people assume property division is automatically equal. Texas law is more nuanced: the standard is “just and right,” and how that plays out depends on evidence, characterization, and the overall case posture. Texas Statutes

Spousal Maintenance in Texas: Eligibility Is Statutory and Limited

Spousal maintenance in Texas is not automatic. The Family Code provides eligibility criteria, including:

• the requesting spouse lacking sufficient property to meet minimum reasonable needs and meeting additional statutory conditions (such as disability, a 10+ year marriage with inability to earn, being custodian of a disabled child, or certain family violence-related circumstances). Texas Statutes+1

This makes maintenance a highly fact-driven issue—often requiring careful evidence organization and realistic negotiation. Texas Statutes

Enforcement and Modifications: What Happens After Final Orders?

Final orders are not the end for many families. Life changes—and sometimes compliance breaks down.

Modifications

Parents often need to modify custody schedules, conservatorship terms, or support due to relocation, school changes, new work schedules, or safety issues. The Family Code provides the broader statutory structure for conservatorship/possession and child support that courts apply when orders are revisited. Texas Statutes+1

Enforcement

If an order is being violated (missed exchanges, withheld child, unpaid support, repeated schedule interference), enforcement is about proving specific violations against the specific court-ordered terms. The enforceability of your order often depends on the clarity of the language used under the Family Code frameworks. Texas Statutes+1

Our Approach at Hernandez Law Firm

Family law cases aren’t just “legal problems”—they’re operational problems with deadlines, documents, emotions, and long-term consequences. Our approach is built around:

1. Clarity on goals (what result you want and what’s realistic under the Code) Texas Statutes+1

2. Early case structure (temporary orders strategy, evidence preservation, and negotiation posture) Texas Statutes+1

3. Order drafting with enforcement in mind (clear schedules, clear rights/duties, fewer loopholes) Texas Statutes

4. Texas Family Code alignment (building proposals that track the statutory language courts work with daily) Texas Statutes+2Texas Statutes+2

Frequently Asked Questions About Texas Family Law

What is the legal standard for custody decisions in Texas?

The Texas Family Code states the best interest of the child is the court’s primary consideration for conservatorship and possession/access. Justia Law+1

Can I file for divorce in Texas if I just moved to The Woodlands?

The Family Code requires six months Texas domicile and 90 days county residency at the time of filing (for either spouse). Texas.Public.Law

Is property division always 50/50?

No. Texas Family Code §7.001 directs courts to divide the estate in a manner that is “just and right.” Texas Statutes

Is spousal maintenance automatic?

No. Texas Family Code §8.051 lays out eligibility requirements and conditions for maintenance awards. Texas Statutes+1

What if there has been domestic violence?

Texas defines “family violence” in the Family Code, and the Code includes custody-related restrictions and presumptions when credible evidence of violence/abuse exists. Texas.Public.Law+2Texas.Public.Law+2

Talk With a Family Law Attorney in The Woodlands

If you’re looking for a family law attorney in The Woodlands, Texas, Hernandez Law Firm can help you understand your options, build a plan that fits your situation, and move your case forward with structure and purpose—grounded in the Texas Family Code. Texas Statutes