Divorce · Child Custody · And More
Family Law FAQ
Clear, direct answers to the questions clients across Montgomery County and Greater Houston ask us most. Don't see your question here? Give us a call — your consultation is free.
Family Law
Divorce in Texas
10 Questions
Texas imposes a mandatory 60-day waiting period, measured from the day the divorce petition is filed, before any divorce can be finalized — with no exceptions. When both spouses agree on every term, an uncontested divorce often wraps up within a few weeks after that window closes. Contested cases — those involving property disputes, custody battles, or an uncooperative opposing party — generally run six months to more than a year. Matters with business interests or substantial assets can stretch out further. Learn more about divorce in Texas →
No. As a no-fault divorce state, Texas lets you file on the ground of "insupportability" — meaning the marriage has become insupportable because of discord or conflict. Proving fault is not required to obtain a divorce. That said, Texas still recognizes fault grounds as well, including adultery, cruelty, abandonment, felony conviction, living apart, and confinement in a mental hospital. Because pleading and proving fault can influence property division and, at times, spousal maintenance, whether to allege fault carries genuine strategic weight.
For the most part, who files first does not decide the outcome. The petitioner does, however, get to choose the county where the case is filed, which can matter when the spouses live in different counties. Filing first also allows you to seek temporary orders early, frames the initial narrative, and shows the other side that you are ready to proceed. Those practical edges can carry weight in contested cases. Still, filing first grants no legal advantage in dividing property or deciding custody — the court resolves those on the merits.
Texas follows community property rules — anything either spouse acquires during the marriage is presumed to belong equally to both. When the marriage ends, community property is split in a "just and right" fashion, which does not always mean 50/50. A court may hand one spouse a disproportionate share after weighing fault, earning capacity, health, education level, custody of the children, and other considerations. Separate property — acquired before the marriage, inherited, or received as a gift — stays out of the division, but a spouse must establish it by clear and convincing evidence. Learn more about property division →
Filing for divorce in Texas requires that at least one spouse has lived in the state for the previous six months. To file in Montgomery County in particular, at least one spouse must have resided in the county for the previous 90 days. If you have moved to the Conroe area recently, the attorney will verify that the residency requirement is satisfied before filing.
Yes. When dividing community property, Texas courts treat fault in the marriage's breakdown as one of the relevant factors. Adultery, cruelty, and abandonment can each justify awarding the wronged spouse a disproportionate share. The fault has to be pled in the petition and backed by evidence — merely alleging it will not do. Deciding whether to plead fault is a strategic call the attorney should weigh against the specific facts and its likely effect on the case as a whole.
A temporary order is issued early in the divorce to keep things stable while the case remains pending. It can set who stays in the marital home, who covers which bills, interim custody and possession arrangements, and temporary child support and spousal support. Although temporary orders do not dictate the final result, they can create a status quo that the court may be hesitant to change at final trial. For that reason, securing the right temporary orders early on is frequently critical.
Through our uncontested divorce service, our firm provides flat-fee uncontested divorce representation. A flat-fee divorce is an option when both spouses have fully agreed on every term — property division, child custody and support, and spousal support — and the case is truly uncontested. It is not suited to matters with meaningful disputes, complex assets, or contested custody. A free consultation will confirm whether you qualify and exactly what the flat fee includes.
Yes — whatever share of a retirement account was earned during the marriage counts as community property and is subject to division. Splitting 401(k)s and pensions usually calls for a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator to transfer the community portion. IRAs are divided by court order through a slightly different procedure. Accuracy here matters — mistakes in a QDRO are expensive and hard to correct once the divorce is final. Learn more about property division →
In Texas the term is "spousal maintenance" instead of alimony, and it is far more restricted than in most other states. To obtain court-ordered maintenance, a spouse must satisfy specific statutory criteria — most often a marriage lasting at least 10 years together with an inability to meet minimum reasonable needs. The cap is the lesser of $5,000/month or 20% of the paying spouse's gross monthly income, and how long it lasts depends on the length of the marriage. Spouses can also agree to "contractual alimony," which those statutory limits do not govern. Learn more about spousal maintenance →
Family Law
Child Custody & Conservatorship
10 Questions
In Texas, "conservatorship" is the term for what most people know as legal custody — the authority to make decisions about a child's education, healthcare, and welfare. "Possession and access," by contrast, covers the physical schedule — where the child lives and when each parent has time with them. The default arrangement is joint managing conservatorship, in which both parents share those decision-making rights. The possession schedule may follow the Standard Possession Order or a tailored plan built around the child's needs and each parent's circumstances. Learn more about child custody →
No. Texas law flatly forbids courts from favoring one parent's gender when deciding custody. The sole standard is the best interest of the child, and it is gender-neutral. Mothers and fathers begin on equal legal footing. What drives the result is the specific facts — each parent's stability, involvement, and ability to meet the child's needs — not gender. A father has the same legal right as a mother to seek primary custody.
Every custody decision in Texas passes through the best interest of the child standard. Courts consider a wide set of factors — each parent's stability and living situation, the child's established relationships and routine, any history of family violence or substance abuse, each parent's capacity to meet the child's physical and emotional needs, the child's age and developmental stage, and how well each parent supports the child's bond with the other parent. When the child is 12 or older, the court also takes the child's own preference into account.
A child aged 12 or older may file a "Choice of Primary Residence" to state a preference to the court. The judge must interview that child and give the stated preference serious weight — yet it does not automatically control the decision. The final call still rests with the court under the best interest of the child standard. A child's preference, paired with a strong record from the preferred parent, builds a persuasive case, though preference by itself will not settle the outcome.
The Standard Possession Order (SPO) is the default possession schedule Texas courts apply when the parents live within 100 miles of one another. Under it, the non-primary parent has the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days in the summer. An Expanded Standard Possession Order shifts pickup to Friday evening rather than Saturday morning. Courts may also craft fully customized schedules when a child's particular circumstances justify departing from the standard.
Most Texas custody orders carry a geographic restriction that confines the primary parent's residence to a named county or the counties next to it. Relocating the child beyond that restricted zone without the other parent's written consent or court approval breaks the order — and can lead to contempt proceedings and a change of primary custody. If a move is necessary for work, family, or any other reason, you must first obtain the other parent's written agreement or file a modification petition and win court approval before relocating.
To modify custody, you must show a material and substantial change in circumstances since the last order was signed — for example a parent moving, a major shift in a parent's work situation, a fresh safety concern, or the child's evolving needs. Texas additionally permits modification within one year of the original order when the child's current environment poses a danger to the child. Any modification has to run through the court — parents cannot simply agree to alter the terms informally, since informal agreements carry no enforceability. Learn more about custody modifications →
Keep a record of every violation — dates, times, what occurred, and all communications — and reach out to an attorney without delay. Texas courts can find a violating parent in contempt, order make-up possession time, require that parent to pay the complying parent's attorney's fees, and, in serious or repeated situations, transfer primary custody to the parent who has followed the order. Moving quickly with documented evidence puts you in the strongest position to enforce it.
SAPCR is short for Suit Affecting the Parent-Child Relationship. It is the Texas legal proceeding for establishing or modifying a child's conservatorship, possession, and child support — regardless of whether the parents were ever married. Unmarried parents use a SAPCR to set up custody and support arrangements, grandparents use it to pursue visitation or custody, and it also serves to modify existing orders. It is filed in the county where the child has resided for the preceding six months.
Yes — considerably. When credible evidence shows a history of family violence, Texas law establishes a rebuttable presumption that awarding joint managing conservatorship is not in the best interest of the child. Such a parent may lose joint conservatorship, be limited to supervised visitation, or be denied possession altogether. A finding of family violence can also open the door to spousal maintenance no matter how long the marriage lasted. Courts treat these matters with great seriousness.
Family Law
Child Support
6 Questions
Texas sets child support as a share of the obligor's net monthly income — gross income less taxes, social security, union dues, and health insurance premiums. The guideline percentages run 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. A court may add amounts for health insurance premiums and unreimbursed medical expenses, and it can depart from the guidelines when a child's particular circumstances call for it. Learn more about child support →
Texas offers powerful tools to enforce unpaid child support. They include wage withholding (frequently automatic), seizure of tax refunds, suspension of driver's and professional licenses, refusal of passport applications, credit bureau reporting, and contempt of court, which can carry jail time. Unpaid support, known as arrears, builds up as a judgment drawing 6% annual interest and never expires. An enforcement action can proceed quickly, especially where the non-payment is documented.
Yes. A modification calls for either a material and substantial change in circumstances — such as a notable change in income, a job loss, or a shift in the child's needs — or that three years have passed since the last order when the recalculated guideline amount would change by at least $100/month or 20%. The change must go through the court — informal agreements between parents are not legally binding and cannot be enforced as a court order.
In Texas, child support usually ends when the child turns 18 or finishes high school — whichever comes later — but never past age 19. It can also end upon the child's marriage, entry into military service, removal of the disabilities of minority, or death. A parent's remarriage or the child starting college does not end it automatically. Whatever arrears are owed when support ends stay collectible and keep accruing interest.
As a rule, no. Support is the child's right, not the parents' — so a parent cannot trade away the child's right to support for something in return. Absent an extraordinary factual basis, Texas courts will not sign off on an agreed order that tries to waive child support entirely. While courts sometimes allow below-guideline amounts, zero-support agreements are seldom accepted and remain exposed to later enforcement actions no matter what the parents agreed.
Beyond basic support, Texas courts usually require the obligor to carry health insurance for the child, or direct one parent to maintain it while dividing the premium cost. Extraordinary medical expenses — those insurance does not cover — are typically shared by the parents in proportion to their incomes. A well-drafted Texas order addresses dental, vision, orthodontia, and mental health treatment within its medical support provisions.
Family Law
Paternity, Adoption, Prenups & More
8 Questions
In Texas, a biological link by itself confers no legal rights or duties. Without established legal paternity, an unmarried father holds no enforceable custody or visitation rights — the mother may lawfully refuse contact, and there is no order to enforce. Nor can child support be ordered until fatherhood is legally determined. Legal paternity further affects the child's entitlement to inheritance, insurance coverage, social security benefits, and military benefits. Learn more about paternity →
In some situations, yes. A Texas court can terminate a parent's rights without consent where clear and convincing evidence shows grounds such as abandonment, failure to support the child despite being able to, or endangerment of the child. When the absent parent has had little or no contact and provided no financial support, a termination petition may well be viable. The bar is high — clear and convincing evidence — yet it is regularly met in cases of true parental abandonment. Learn more about adoption →
Yes — properly drafted prenuptial agreements are routinely enforced by Texas courts. The agreement must be written, signed by both parties, and entered into voluntarily with full and fair financial disclosure. Ones signed under duress, lacking adequate disclosure, or holding unconscionable terms are open to challenge. The most defensible prenups are those in which both parties had enough time to review the document, each had independent legal counsel, and full financial disclosure was documented. Learn more about prenuptial agreements →
Yes, though only in specific circumstances. Texas first requires satisfying one of several threshold conditions — such as a parent who is deceased, incarcerated, or incompetent — and then proving by a preponderance of the evidence that denying access would significantly impair the child's physical health or emotional well-being. A court will not grant grandparent visitation merely because a parent has cut off contact — the impairment standard is genuine and must be backed by evidence. Learn more about grandparents' rights →
A Texas prenup can identify which assets stay separate property, spell out how property acquired during the marriage will be characterized, deal with spousal maintenance rights (either waiving or guaranteeing support), lay out how debts are allocated, and set the terms for dividing property should divorce or death occur. What a prenup cannot do is fix child custody or child support in advance — the court decides those at the time of divorce, based on the child's best interest as it stands then.
A postnuptial agreement (also called a "partition and exchange agreement") is a marital property agreement made after the wedding. Texas lets married couples turn community property into separate property, or separate property into community property, by way of a written, signed agreement. Postnuptial agreements can cover the same financial ground as prenups — they come in handy when circumstances shift after marriage, such as one spouse launching a business or coming into a significant inheritance.
The timeline turns largely on the kind of adoption. An uncontested stepparent adoption in which the other parent consents can frequently be finished in three to six months. Contested termination cases run longer — often a year or more. Private independent adoptions involve coordinating a home study and court scheduling, which adds time. The attorney can offer you a realistic timeline based on your particular type of adoption and circumstances. Learn more about adoption →
To win court-ordered spousal maintenance in Texas, a spouse must meet specific statutory criteria — most often a marriage of at least ten years coupled with an inability to meet minimum reasonable needs, or circumstances involving disability, a child with a disability, or a family violence conviction. The ceiling is the lesser of $5,000/month or 20% of the paying spouse's gross monthly income, with the duration capped according to how long the marriage lasted. Contractual alimony that the parties agree to falls outside these limits. Learn more about spousal maintenance →
Working With Us
About Our Firm & Process
7 Questions
Yes. We provide a free initial consultation for family law matters. It is a chance for us to learn your situation, answer the questions on your mind right now, and give you a candid read on your legal options and what the process involves. You are under no obligation to hire us, and no clock is running. Schedule your free consultation →
Family law matters are usually billed on an hourly basis backed by a retainer. That retainer is an upfront deposit drawn down against the hours worked. Uncontested matters and certain straightforward proceedings may be eligible for flat-fee arrangements. For qualifying cases, we also provide flat-fee uncontested divorce through our uncontested divorce service. We discuss the fee structure openly at the consultation, so you know exactly what to expect before committing to representation.
Our office sits at 141 N. San Jacinto Street in Conroe, TX 77301 — just steps from the Montgomery County Family Law Courts. We represent clients across Montgomery County, Harris County, and the greater Houston area, including Conroe, The Woodlands, Spring, Tomball, Magnolia, Willis, Humble, Kingwood, and the surrounding communities. Our hours are Monday–Thursday 8:30 AM–5:30 PM, Friday 8:30 AM–12:00 PM, and Sat–Sun: By Appointment.
Visit our About page to meet Keith Phillips and learn about his background, bar admission, and case experience — including the direct child-welfare insight from his prior work as a CPS caseworker, a real advantage in custody, adoption, and protective-order cases.
Yes. For couples who have reached full agreement on every term — property, children, and support — our firm offers a flat-fee, attorney-guided uncontested divorce that carries the case from filing through final decree, available to clients throughout Texas. A free consultation will confirm whether your situation qualifies.
For genuinely simple uncontested matters with no children and little property, representing yourself is legally possible in Texas. But once children, significant assets, disputes, business interests, retirement accounts, protective orders, or a combative co-parent are involved, experienced legal representation becomes essential to protecting your rights. What family court decides — custody arrangements, property division, support orders — can shape your life and your children's for years or even decades. The price of getting it wrong dwarfs the cost of getting it right with proper representation.
We aim to respond to every inquiry promptly and to schedule consultations as soon as we can. For emergencies — such as emergency protective orders or emergency custody situations — call us right away at (936) 298-8000. For standard matters, the consultation is the starting point, and we will advise you on timeline and next steps. Contact us now →
Your Legal Team
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Meet Our Team at the Law Office of Keith Phillips
KP
Keith Phillips has been licensed to practice law in Texas since 2016, focusing on family law matters throughout Montgomery County and Greater Houston. Before private practice, Keith worked with Child Protective Services — giving him direct, firsthand insight into how Texas courts evaluate the best interests of children and how decisions affecting families are made at the institutional level.
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Licensed — State Bar of Texas since 2016
Licensed Mediator since 2020
Former Child Protective Services Caseworker
KA
Family means everything to Kaitlyn Allen — which is exactly why she has spent the last 12 years fighting for families as a family law paralegal. A mother of four, she knows firsthand what's at stake for the clients she serves, so when someone walks in scared, overwhelmed, or unsure of what comes next, Kaitlyn meets them with genuine understanding — not just a case file.
Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
Family Law Paralegal
12 Years of Family Law Experience
Dedicated to Client Support & Communication
Client Testimonials
What Our Clients Say
★★★★★
Highly Rated on Google Reviews · Montgomery County & Greater Houston
★★★★★
Keith handled my divorce with professionalism and compassion. He kept me informed every step of the way and made a very difficult time much easier to navigate. I cannot recommend him enough.
Sarah M.
Divorce Client · Conroe, TX · Google Review
★★★★★
I was overwhelmed going into my custody case. Keith explained everything clearly, fought for my rights as a father, and we got a great outcome for my kids. He truly cares about his clients.
Michael R.
Child Custody Client · The Woodlands, TX · Google Review
★★★★★
My child support modification was handled with complete professionalism. Straightforward, realistic, and efficient — I always knew exactly where my case stood.
Amanda T.
Child Support Client · Montgomery County, TX · Google Review
★★★★★
Keith guided me through my divorce with patience and skill. The property division could have been a nightmare but he made sure everything was handled correctly. Worth every penny.
Robert L.
Divorce Client · Conroe, TX · Google Review
★★★★★
My attorney's background gave me real confidence during my custody case. They understood exactly how the court would evaluate things and prepared us perfectly. Outstanding representation.
Jennifer W.
Child Custody Client · Tomball, TX · Google Review
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Law Office of Keith Phillips
Family Law · Montgomery County & Greater Houston
141 N. San Jacinto Street, Conroe, TX 77301
info@keithphillipslaw.com
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Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.