How long does a child custody case take

Child Custody Case in Texas

Disputes within a family are complicated. Living with the unknown can be extremely overwhelming, particularly when it comes to your children.

You want to file for custody of your children, but perhaps you are afraid of the process.

The last thing you want is a long, drawn-out child custody battle that will keep you and your children in limbo. So you may be wondering, How long does a child custody case take in Texas?

Below we outline the factors involved in determining how long your custody case might take to resolve.

Child custody cases in Texas can be challenging. But with the help of an experienced custody lawyer, the process doesn’t necessarily have to be lengthy.

Contact The Larson Law Office PLLC to find out how we can help expedite the process for you.

What Is a Child Custody Case in Texas?

Child Custody Case Process

How Long Does a Child Custody Case Take in Texas?

Speak with a Knowledgeable Attorney

What Is a Child Custody Case in Texas?

Under Texas law, child custody is called “conservatorship. ” A court decides conservatorship cases.

A managing conservator is a person who has the right to make significant decisions about the child’s life. This includes decisions regarding education, religion, and issues involving the child’s physical and mental health.

Texas courts generally default to appointing both parents as Joint Managing Conservators unless there is a history of abuse, violence, or substance abuse. This means that both parents make important decisions regarding the child’s life.

The other aspect of a Texas conservatorship case is possession. Possession refers to the amount of physical time the child spends with each parent. Texas courts generally presume that the Texas standard possession order is appropriate.

This order sets one parent’s home as the child’s primary residence, and the other parent has possession the first, third, and fifth weekends monthly, and on Thursdays.

Parents can ask for their schedule to deviate from the standard possession order, but they must show that their proposed plan is in the child’s best interest.

Child Custody Case Process

So how long do custody cases last in Texas? To answer this question, you must understand the process and the potential hiccups that delay a case. The case begins with one parent filing a petition for conservatorship called a Suit Affecting the Parent-Child Relationship.

That parent must have the other parent served with the petition, or the other parent can waive service. The recipient parent has 20 days to file an answer with the court. They may also file a counter-petition for conservatorship. The court will schedule hearing dates.

An uncontested case is one where the parents quickly agree to a custody plan. However, the case is considered “contested” if the parents disagree with each other’s proposed parenting plans.

The court will typically first refer a contested child custody case to mediation, where the parties can settle the case at any time.

Through mediation, the parties and their lawyers negotiate and try to reach a mutually acceptable resolution with the help of an impartial mediator. If the parents are fighting over small matters, a family attorney can explain how judges typically resolve those issues.

If the parties know how a judge will likely decide an issue, it might inspire them to be reasonable. Coming to a voluntary compromise will end the case much sooner—and with less stress and expense—than dragging everyone through a trial.

But if the parties cannot or will not agree, the judge will hold a trial and issue a final order that the parties must follow.

How Long Does a Child Custody Case Take in Texas?

The length of time a custody case takes depends entirely on whether the parents can reach an agreement, and how quickly that occurs.

An uncontested custody case could take only a couple of months or less. However, the process can take over a year if it’s contested. Many fall between these two extremes, and most parents eventually settle with the help of a mediator.

Sometimes there are good reasons to go to a trial on a custody matter. For instance, if you are afraid the other parent is risking harm to your child, then it would be in your child’s best interest to fight it out at trial.

But in other instances where the child isn’t being harmed, in most cases parents usually realize that refusing to budge on minor issues is not worth dragging out the process and incurring the expense of attorney’s fees.

Speak with a Knowledgeable Attorney

Not knowing how long a custody case in Texas may take can be scary. However, a family lawyer familiar with the process will be able to give you a clearer understanding of how long your case may take.

The Larson Law Office PLLC is exceptionally well-versed in Texas family law matters. We can help answer questions about how long a custody matter can take and represent you whether the case settles or goes to trial. Contact us today.

How Long Do Custody Cases Take?

With many variables at play, it's difficult to pin down how long custody court takes. But you can get an idea of the timeline to expect based the factors below.

Keep in mind that custody cases don't always end once there's a final order; you can modify your order all the way up until your child turns 18.

Custody X Change is software that helps you create a custody agreement and calendar quickly.

Make My Agreement Now

Factors that influence how long your custody case takes

The court calendar

Court calendars are often congested. You might wait a few weeks for your custody papers to go through, then wait a few more weeks to attend your first hearing.

After that, you may have to attend mediation and other hearings, which might not have slots available right away. Even a trial can spread out over weeks if the judge or courtroom isn't available on consecutive days.

Your location

The court's location also affects how long a custody case takes.

Although large cities are densely populated, their courts often process cases relatively quickly since they have more judges and staff available. Smaller areas have fewer staff members and often serve multiple counties, which can mean more time in custody court for parents.

Some states like California require courts to prioritize custody cases over other civil cases in an effort to process them quickly.

Your case type

Divorce and separation cases involve matters besides custody, so they take longer to resolve than standalone custody cases. If you're divorcing, you can expect to spend at least two to six months in court.

Unmarried parents must establish their child's paternity before their custody case can move forward. If they don't agree on paternity and have to open a paternity case, that could add at least a few weeks to their overall time in court.

The relationship between parents

The harder parents fight one another, the longer the custody case will take. Either parent can draw out the case as long as they can afford to. Even after the final order, one dissatisfied parent could appeal the decision or ask for a modification.

Parents who set aside their differences can negotiate a parenting plan to end their case as quickly and civilly as possible.

Any special circumstances

Issues like a history of violence or mental illness could require investigation. The court might order a custody evaluation or assign a guardian ad litem to look into the situation, both of which can take weeks. You might also need to secure an emergency order, which requires additional paperwork and a hearing.

A case cannot begin until the other person named in the custody papers has been given time to respond. Your case may take longer if that person's whereabouts are unknown.

If a parent is out of the area because they're a military member, most courts won't allow the case to proceed until the parent is back.

Courts cannot make custody orders for children in utero, so you will have to wait for the birth if your conflict occurs during pregnancy.

State time limits in custody cases

Many state custody laws address how long custody cases should take.

Minimum time limits

Many states set a minimum time for divorce or separation cases. This is meant to prevent couples from giving up on their relationships in the heat of an argument.

Texas and Indiana courts require that divorce cases last at least 60 days from the date they're filed.

Similarly, Arizona courts specify the parties must wait at least 60 days after service before they can submit a settlement agreement.

In Tennessee, divorcing and separating parents need to have a case on file for at least 90 days before they can get a final order.

Maximum time limits

Keep in mind that these are recommended time limits, not hard deadlines. Cases can go on longer if necessary.

Illinois recommends custody cases last no longer than 18 months.
Ohio recommends divorce cases resolve within 18 months.
Pennsylvania recommends custody cases resolve within 180 days.
Massachusetts courts expect divorce cases to resolve within 14 months.
Michigan sets out a time of no longer than 360 days from filing.

Ways to shorten your custody case

Hire a lawyer: Lawyers help you avoid mistakes that can hold back your case or get you charged with contempt. They fill out your custody papers so the forms go through without issue, they help you meet deadlines and they prepare a thorough case. Plus, they know negotiation tactics that could convince the other parent to settle.

Settle your case: Your case could resolve within a matter of weeks if you reach a settlement. Parents can settle on their own, with the help of a lawyer or through an alternative dispute resolution method.

Have a plan: Preparing for court helps you prioritize and makes the custody process less stressful. Start gathering the information you'll need throughout your case before you file custody papers or immediately after you receive notice of the case. Also, come up with a list of things you're willing to compromise on.

Use a custody app: During your case, you'll need to create a parenting plan and draft custody schedules, as well as keep detailed notes. The Custody X Change app enables you to do this and more one place. Staying organized with a custody app helps your case move more smoothly.

Custody X Change is software that helps you create a custody agreement and calendar quickly.

Make My Agreement Now

Custody X Change is software that helps you create a custody agreement and calendar quickly.

Make My Agreement

Issuance of a preliminary permit of the body of guardianship and guardianship to make transactions with the property of the ward

Applicants have the right to a pre-trial (out-of-court) appeal against decisions and actions (inaction) taken (carried out) by local governments, officials, municipal employees of local governments in the course of providing public services. The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing against decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant. nine0003

The subject of pre-trial (out-of-court) appeal are:

violation of the deadline for registration of the applicant's request for the provision of public services;
violation of the term for the provision of public services;
requirement from the applicant of documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services; nine0008
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
a requirement from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
refusal of a local government body, a municipal employee of a local government body providing a public service, to correct misprints and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections. nine0008

The complaint is submitted in writing on paper, in electronic form to the local government. Complaints against decisions made by an official of a local self-government body are submitted to the Government of St. Petersburg.

A complaint can be sent by mail, through the MFC, using the Internet information and telecommunication network, the official website of the local government, a single portal of state and municipal services or a regional portal of state and municipal services, and can also be accepted at the personal reception of the applicant. nine0003

The complaint must contain:

name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
last name, first name, patronymic (the last name, if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant; nine0008
information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government. The applicant may submit documents (if any) or their copies confirming the applicant's arguments. nine0008

The complaint received by the local authorities is subject to consideration within the following terms:

within fifteen working days from the date of registration of the complaint;
within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct misprints and errors, or in the event of an appeal against a violation of the deadline for such corrections; nine0008
at other times in cases established by the Government of the Russian Federation.

Based on the results of consideration of the complaint, the local government takes one of the following decisions:

satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
refuses to satisfy the complaint. nine0008

Not later than the day following the day of the decision, the applicant in writing and at the request of the applicant in electronic form shall be sent a reasoned response on the results of the consideration of the complaint.

When considering a complaint by a local self-government body, a citizen has the right to:

get acquainted with documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law; nine0008
receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
to apply for termination of consideration of the complaint.

In the event that, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider complaints immediately forwards the available materials to the prosecutor's office. nine0003

The applicant has the right to receive information and documents necessary to substantiate and consider the appeal (complaint). Local self-government bodies, its officials, municipal employees of the local self-government body are obliged to provide the applicant with the opportunity to familiarize themselves with the documents and materials related to the consideration of the appeal (complaint), if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contains information constituting a state or other secret protected by federal law. nine0003

Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in the pre-trial (out-of-court) procedure

If the subject of the complaint (claim) of the applicant is the actions of the local government providing public services, the complaint (claim) may be sent to the Committee for Social Policy of St. Petersburg:

, St. Petersburg, per. Antonenko, d. 6; nine0003

telephone (812) 576‑24‑61, fax (812) 576‑24‑60;

e-mail: [email protected].

Vice Governor of St. Petersburg in charge of the relevant industry:

191060, St. Petersburg, Smolny;

telephone (812) 576-44-80, fax (812) 576-7955.

If the subject of the complaint (claim) of the applicant is the actions of an employee of the MFC unit, the complaint (claim) is sent to the Administration of the Governor of St. Petersburg: nine0003

191060, Smolny, Administration of the Governor of St. Petersburg;

e‑mail: [email protected];

telephone (812) 576‑70‑42.

Issuance of permission from the guardianship and guardianship authority to change the name and surname of the child

The subject of pre-trial (out-of-court) appeal are:

violation of the deadline for registration of the applicant's request for the provision of public services;
violation of the term for the provision of public services;
requirement from the applicant of documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services; nine0008
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
a requirement from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
refusal of a local government body, a municipal employee of a local government body providing a public service, to correct misprints and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections. nine0008

The complaint must contain:

name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
last name, first name, patronymic (the last name, if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant; nine0008
information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government. The applicant may submit documents (if any) or their copies confirming the applicant's arguments. nine0008

The complaint received by the local authorities is subject to consideration within the following terms:

within fifteen working days from the date of registration of the complaint;
within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct misprints and errors, or in the event of an appeal against a violation of the deadline for such corrections; nine0008
at other times in cases established by the Government of the Russian Federation.

Based on the results of consideration of the complaint, the local government takes one of the following decisions:

satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
refuses to satisfy the complaint. nine0008

When considering a complaint by a local self-government body, a citizen has the right to:

get acquainted with documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law; nine0008
receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
to apply for termination of consideration of the complaint.

Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in a pre-trial (out-of-court) procedure.