How Long Does a Child Custody Case Take in Texas?
For many Texas families, especially those with significant assets, multiple residences, or demanding careers, the court process associated with custody determinations can feel overwhelming. At Balekian Hayes, PLLC, our high-net-worth divorce attorneys work with clients who want answers, solutions, and a strategy that protects their children and their lifestyle. Whether you’re pursuing joint custody or managing complex scheduling, knowing what to expect can help you make confident decisions.
Typical Timeline for Texas Child Custody Cases
There’s no one-size-fits-all answer for the question of how long a child custody case will take. However, most Texas custody cases take between six months and over a year, depending on the extent of the dispute between parents. If you and your co-parent can agree, the process moves faster. If you can’t, the case can drag out, especially when financial disputes, relocation plans, or parenting styles come into play.
Filing the Initial Petition (Week 1)
Filing for custody in Texas is how custody cases begin. This usually means submitting a Suit Affecting the Parent-Child Relationship (SAPCR) Texas petition. You may ask, “What is SAPCR?” This is the legal filing that allows the court to determine custody, visitation, and child support matters.
For high-net-worth individuals, this may also require disclosing details on:
- Trusts
- School choices
- Private medical care
- Travel permissions
Service of Process and Response Period (20–30 Days)
Once you file, the other parent must be formally served with the petition. This starts a 20 to 30-day response window. Delays can happen if the other party avoids service or is out of state or country, which is common in families with complex living arrangements.
Temporary Orders Hearing (2–4 Weeks After Filing)
Shortly after filing, you may attend a temporary orders hearing. This is where the court decides short-term arrangements, including:
- Where the child will live
- How decisions are made
- How household expenses are managed.
For some families, this can involve private school tuition, nanny schedules, or international travel guidelines. This is also where custody rights in Texas come into play. It’s your opportunity to show the court what your day-to-day involvement looks like and why it matters.
Discovery Phase (3–6 Months)
During discovery, both sides exchange information. This may include income records, calendars, real estate holdings, school reports, or mental health records. In wealthier households, discovery might also involve examining trusts, investments, private education contracts, or prenuptial agreements. This step plays a key role in how custody is determined in Texas, especially if the child’s lifestyle, educational needs, or safety are under consideration.
Mandatory Mediation (Typically 4–8 Months After Filing)
Most Texas family court judges require mediation before trial. Mediation is a chance for both parties to agree on custody without stepping into a courtroom. This is often preferable for high-profile or high-asset families who value privacy.
While mediation doesn’t always resolve every issue, it often reduces the number of things that must be decided at trial. Cases that resolve in mediation usually wrap up much sooner than those that proceed to trial.
Pre-Trial Preparation (1–2 Months Before Trial)
If mediation fails, pre-trial prep begins. This can include preparing witness lists, organizing exhibits, and writing trial briefs. For high-net-worth clients, this might involve scheduling child specialists, business valuation experts, or private investigators.
How long does a custody case take? The answer: it depends on the level of disagreement and how willing each party is to compromise.
Final Trial or Prove-Up Hearing (6–18+ Months After Filing)
If both sides agree, the case may end in a prove-up hearing, a quick court appearance where a judge signs off on your agreement. If there’s no agreement, it moves to trial.
So, how long does a custody trial last? A full trial can take anywhere from one day to several weeks, depending on the complexity of the issues. High-income households may deal with property division, parenting disputes, or unique scheduling concerns, all of which can stretch the trial timeline.
If you’re wondering how long a custody battle takes, know that cases involving extensive assets or long-distance parenting often take longer than cases where the parties have fewer complications.
Major Factors That Affect Case Duration
Every custody case is different, but a few things can impact how long custody battles can last in Texas:
- Level of Conflict – The more you and your co-parent disagree, especially on education, travel, or medical decisions, the longer it may take.
- Court Schedules – Some Texas counties have packed dockets.
- Financial Factors – If your case involves business ownership, multiple properties, or complex assets, it may require forensic analysis.
- Child-Related Concerns – Special education needs, therapy plans, or relocation proposals can add extra time.
Your legal team’s experience in handling high-net-worth family matters can also make a difference in the speed and outcome of your case.
Understanding Texas’s 60-Day Waiting Period
Texas law requires a 60-day waiting period after filing for a divorce, which also applies to related custody matters. Even if you and your spouse agree, the court must wait at least two months to finalize your case.
For some families, this isn’t a major delay. But if you’re filing for full custody in Texas, it’s an important piece of the timeline. Keep in mind that temporary orders can be issued during this time to help manage parenting duties.
Contact Child Custody Attorneys at Balekian Hayes Today
At Balekian Hayes, PLLC, our family law attorneys focus on protecting children while helping parents maintain their lifestyle, privacy, and long-term goals. If you’re asking how to file for custody in Texas or looking for guidance tailored to your family’s needs, our team is ready to help.
We understand that your time is valuable, your privacy matters, and your child’s well-being is the top priority. From initial filing to trial or resolution, our Dallas attorneys work with discretion and care.
Whether you’re wondering how filing for custody in Texas works or you’re already in the middle of a custody battle, our team is here to support you. We’re familiar with the challenges high-net-worth families face, from travel logistics to private school decisions, and we use that knowledge to create smart legal strategies on your behalf.
Call us today to protect your parental rights, as Texas law provides, and get clarity about your next steps.
