A family lawyer in Dallas handles the legal issues that hit closest to home: divorce, child custody (called conservatorship in Texas), child support, property division, protective orders, paternity, and more. Under the Texas Family Code, conservatorship and child support follow Texas-specific rules. Tex. Fam. Code Ch. 153; Tex. Fam. Code Ch. 154.
At Warren & Migliaccio, L.L.P., we’ve been helping North Texas families work through these situations since 2006. Our attorneys handle family law cases across Dallas, Collin, Denton, and Tarrant counties, and we know how these cases play out in local courts. If you’re dealing with a family law issue, we can walk you through your options. Call (888) 584-9614 for a free consultation.
Texas Family Law Terms Dallas Families Should Know
Here’s the part that really trips most people up. Texas uses different legal terms than what you’ll hear on TV or read online. If you’re searching for information about custody or visitation, Texas law usually calls those issues conservatorship and possession and access. Those terms appear throughout court filings, orders, and agreements in parent-child cases. Tex. Fam. Code Ch. 153.
Texas family law covers conservatorship, possession and access, and child support, but the terminology can be confusing if you’re not familiar with Texas-specific terms. Here’s a quick breakdown of what the common terms mean in Texas. Tex. Fam. Code Ch. 153; Tex. Fam. Code Ch. 154.
| Common Term | Texas Legal Term | What It Means | Texas Family Code |
|---|---|---|---|
| Child custody | Conservatorship | Who makes decisions for the child and where the child lives | § 153.002, § 153.131 |
| Visitation | Possession and access | The schedule for when each parent has the child | Tex. Fam. Code § 153.252 |
| Any parent-child case | SAPCR | Suit Affecting the Parent-Child Relationship: the filing type for custody, support, or paternity | § 101.032, Ch. 102 |
| Joint custody | Joint managing conservatorship (JMC) | Both parents share decision-making rights | § 153.131 |
| Sole custody | Sole managing conservatorship (SMC) | One parent has exclusive decision-making rights | § 153.132 |
| Community property | Community estate | Property acquired during marriage, divided in a “just and right” manner | § 7.001 |
So when you see “conservatorship” in a court document, that’s just the Texas word for custody. When your lawyer talks about “possession and access,” they’re talking about your time with your kids. Knowing these terms helps you understand what your family lawyer is filing, what the judge is deciding, and what your final order actually says.
Family Law Services Our Dallas Attorneys Handle
Family law covers a lot of ground. Some people come to us knowing exactly what they need. Others aren’t sure yet. Either way, our team handles the full range of family law matters, so we can point you in the right direction from day one.
| Case Type | Who Files | What It Addresses | Key Statute |
|---|---|---|---|
| Divorce | Married couples ending the marriage | Property division, conservatorship, possession and access, child support, spousal maintenance | Tex. Fam. Code § 6.702 |
| SAPCR | Unmarried parents (paternity established) or any parent seeking custody/support orders | Conservatorship, possession and access, child support | Tex. Fam. Code Ch. 102 |
| Paternity | Unmarried father who needs legal father status before seeking custody | Establishing legal parentage, then custody and support through SAPCR | Tex. Fam. Code Ch. 160 |
| Modification | Either party when circumstances have materially changed since the last order | Updating conservatorship, possession schedule, or child support amounts | Tex. Fam. Code § 156.101 |
| Enforcement | The party whose rights under an existing order are being violated | Holding the other party accountable for violations, makeup possession, attorney’s fees | Tex. Fam. Code § 157.001 |
| Protective Order | Anyone facing family violence or an immediate safety threat | Court-ordered protection, restricted contact, temporary possession of residence | Tex. Fam. Code §§ 83.001, 85.001 |
Divorce
A divorce in Texas generally starts with an Original Petition for Divorce, and the court usually cannot finalize it until at least 60 days after filing unless a statutory exception applies. Tex. Fam. Code § 6.702. Whether you’re looking at an uncontested divorce where you and your spouse agree on the terms, or a contested case involving disagreements over property division or custody, we can help you work through it.
We handle contested, uncontested, high-asset, and military divorces throughout North Texas. Learn more about our divorce services.
Child Custody and Conservatorship
Texas courts start with what’s called a rebuttable presumption. Basically, that means the law assumes both parents should share decision-making (joint managing conservatorship) unless the facts say otherwise. But that does not guarantee equal parenting time. And if there is credible evidence of family violence, child neglect, or abuse, the court may not appoint joint managing conservators at all. Tex. Fam. Code § 153.004; Tex. Fam. Code § 153.131. The court looks at a long list of factors when deciding what arrangement actually works best for your kids.
Whether you need to establish custody for the first time or you’re dealing with a change in circumstances, our attorneys handle custody cases across Dallas and Collin County courts. Learn more about our child custody services.
Child Support
Texas calculates guideline child support from the paying parent’s monthly net resources, not simply net monthly income. Tex. Fam. Code § 154.061; Tex. Fam. Code § 154.125. The guidelines are fairly straightforward for one child, but the calculation gets more involved when there are multiple children from different relationships.
We help custodial parents who need support and non-custodial parents who want to make sure the amount is fair and based on accurate income numbers. Read our child support guide.
Modifications and Enforcements
Life changes. Jobs relocate, kids get older, and sometimes the arrangement that worked before just doesn’t fit anymore. When that happens, you may need to modify an existing custody or support order. For conservatorship or possession and access, Texas generally requires a material and substantial change in circumstances. Child support can also be modified on that basis, or when three years have passed and the current amount differs from the guideline amount by either 20% or $100. Tex. Fam. Code § 156.101; Tex. Fam. Code § 156.401.
If the other parent isn’t following the current order, we can file an enforcement action to hold them accountable. Learn about modifications and enforcement.
Other Family Law Matters We Handle in Dallas
Now, divorce and custody are the cases people think of first, but family law goes well beyond those two areas. Here are some of the other family law matters our Dallas attorneys handle regularly.
Paternity
Before an unmarried father can ask for conservatorship or possession and access in Texas, he usually needs to establish legal paternity first, unless he already has legal father status under the Family Code. That can happen through an Acknowledgment of Paternity or through a court case under the Uniform Parentage Act. Tex. Fam. Code § 102.003; Tex. Fam. Code Ch. 160. Establishing paternity also triggers the right to seek child support.
Grandparents’ Rights
Texas sets a high bar for grandparents seeking court-ordered possession of or access to a grandchild. In general, a grandparent must overcome the presumption that a fit parent acts in the child’s best interest and show that denying the request would significantly impair the child’s physical health or emotional well-being, along with meeting one of the statutory conditions in the Family Code. Tex. Fam. Code § 153.433. It’s a really tough standard, but there are situations where the court will step in.
Protective Orders
If you or your children are in danger, a protective order under Title 4 of the Texas Family Code can provide court-ordered protection. A protective order is different from a temporary restraining order in a divorce or SAPCR; courts can issue temporary ex parte protective orders when there is a clear and present danger of family violence, and they can issue temporary restraining orders or temporary orders in pending family cases. Tex. Fam. Code § 83.001; Tex. Fam. Code § 85.001; Tex. Fam. Code § 105.001. These orders can require the abusive person to stay away from you, your home, and your children, and they often interact directly with pending divorce or custody cases.
Prenuptial and Postnuptial Agreements
Texas law allows couples to define how property and debts get handled if the marriage ends.⁹ A well-drafted prenuptial or postnuptial agreement can save significant time, money, and conflict if divorce becomes a reality down the road. Read our guide to prenuptial agreements in Texas.
Spousal Maintenance
Getting court-ordered spousal maintenance in Texas isn’t easy. You may qualify only in limited situations, such as recent family violence, an incapacitating disability, caring for a child of the marriage with a disability that keeps you from earning sufficient income, or after a marriage of at least 10 years when you still cannot meet your minimum reasonable needs despite diligence to earn income or develop job skills. Texas also caps the amount and duration of maintenance. Tex. Fam. Code § 8.051; Tex. Fam. Code § 8.052; Tex. Fam. Code § 8.054; Tex. Fam. Code § 8.055.
We can help you understand whether you’re eligible or whether your situation calls for a different approach. Learn about spousal maintenance in Texas.
Options for Resolving Family Law Disputes in Texas
Not every family law case has to go to trial. Dallas family lawyers often use collaborative law techniques to resolve disputes in a way that’s less adversarial and less expensive. Here are the main paths available:
- Negotiation: Your attorney works directly with the other side’s attorney to reach an agreement.
- Mediation: A neutral third party helps both sides find common ground. Many Texas courts require mediation before a case can go to trial.
- Collaborative divorce: Both parties and their attorneys commit to resolving everything outside of court, focused on cooperation rather than conflict.
- Litigation: When agreement isn’t possible (or when safety is a concern), a judge makes the final decisions.
So the right approach depends on your situation, whether children are involved, and whether both parties are willing to work together. We help you figure out which path makes the most sense.
From Our Practice: When the Real Issue Isn’t What Clients Think It Is
Why the First Consultation Changes the Entire Case
The legal issue a family Googles is rarely the legal issue they need to solve first. I am Gary R. Warren, Co-Founding Partner at Warren & Migliaccio, L.L.P., and I have handled family law cases across Dallas, Collin, Denton, and Tarrant counties for nearly 20 years. People reach out to our office already convinced they know what filing they need. They have spent hours reading about divorce or custody online. They are not looking for a lecture on procedure. They just want to get started.
Here is what I consistently see across our caseload. Someone calls asking about divorce, but as we talk through their situation, it becomes clear they need a protective order before anything else gets filed. A parent wants to “change custody,” but what they actually need is to enforce the existing order, not modify it. Clients who assume they can file for custody of their child are usually surprised to learn that an unmarried father may need to establish legal paternity first unless he already has legal father status under the Family Code. Tex. Fam. Code § 102.003; Tex. Fam. Code Ch. 160. In Dallas and Collin County courts, filing the wrong family law action routinely leads to dismissal. That first meeting changes everything. Our Family Law Managing Attorney Jonathan Frederick, Christopher Migliaccio, and I identify the correct procedural path before a single document gets filed. In Collin County and Dallas County family courts, judges expect filings to be procedurally correct from the outset, and filing the wrong type of action can mean a dismissal that costs time and money a family should not have to spend.
The first step we take is sitting down with you for 30 to 60 minutes and listening to the full picture, not just the part you searched for. When we route families to the right legal action from the beginning, they avoid weeks of misdirected filings, unnecessary court appearances, and the frustration of starting over. The Takeaway: The value of hiring a family lawyer in Dallas who handles the full range of family law matters is that we can put you on the correct legal path from day one, not just the path you found on Google.
Gary R. Warren, Warren & Migliaccio, L.L.P.
That’s why we built this tool — to help you identify the right first step before your consultation.
Which Family Law Case Do I File?
Why North Texas Families Choose Warren & Migliaccio
Warren & Migliaccio, L.L.P. was founded in 2006 and has been focused on helping Texas families ever since. We're Lead Counsel Verified, and we're not a general practice firm that dabbles in family law. Family law is one of our core practice areas, and our attorneys handle these cases every day.
What we like to do is make sure you understand your situation before you commit to anything. That starts with a free consultation where we listen to what you're going through, explain your options, and give you honest feedback about what to expect. Many family lawyers in Dallas are recognized in legal directories, and our attorneys bring real courtroom experience to every case.
Our family law team is led by founding partner Gary R. Warren, Family Law Managing Attorney Jonathan Frederick, and Christopher Migliaccio. One of our family law attorneys will handle your case directly: Brandon Beuerlein, Sabah Hafiz, David Lane, or MaDonna Harmina. Each of them works exclusively on family law matters. You'll work directly with the attorney handling your case, not a paralegal who has to relay your questions.
RELATED: Questions to Ask a Family Lawyer During Your First Consultation
Do You Need a Family Lawyer for Your Case?
Not every family law situation requires a lawyer. If you and your spouse agree on absolutely everything (property, custody, support) and there are no children or significant assets involved, you may be able to handle an uncontested divorce on your own.
But here's when that falls apart. If children are involved, if there's property or debt to divide, if domestic violence is a concern, or if the other side has already hired an attorney, you should talk to a family lawyer before making decisions that are hard to undo.
- Minor children are involved in the case
- There is property, debt, or assets to divide
- Domestic violence or safety is a concern
- The other side has already hired an attorney
Many people wonder whether the cost of a lawyer is worth it. That's a fair question, and it's one we hear often. The honest answer is that the cost of getting it wrong (a bad custody arrangement, an unfair property split, a missed deadline) is almost always higher than the cost of getting it right from the start.
If you're not sure where you stand, the way our office handles it is we sit down with you, listen to your situation, and help you understand your options before you commit to anything.
Serving Families in Dallas, Collin, Denton, and Tarrant Counties
Local experience matters when you're hiring a family lawyer. Familiarity with Dallas County judges and procedures, or with how Collin County courts handle custody cases, can affect how your case is prepared and presented. We handle family law cases from our offices in Richardson and Dallas, and we serve families throughout North Texas.
Here's where we regularly handle cases:
Richardson, Plano, Frisco, McKinney, Allen, Murphy, Anna
Dallas, Irving, Garland, DeSoto, Farmers Branch
Denton, Lewisville, Little Elm, The Colony, Corinth, Highland Village
Fort Worth, Arlington, North Richland Hills, Euless, Bedford, Keller
Rockwall, Fate, McLendon-Chisolm
We know these courthouses. We know the procedures. And we know how to prepare your case for the specific court where it will be heard.
FAQ: Dallas Family Law Questions About Cost, Timing, and Risk
Reviewed by Gary Warren, Co-Founding Partner — Warren & Migliaccio, L.L.P.
Filing and Responding to a Family Law Case
Do I need one case or multiple cases for divorce, custody, child support, and a protective order?
Often, no. A divorce can handle property division and, for married parents, usually includes conservatorship, possession, access, and child support. But if the parents were never married, the court often needs a parentage or custody case before it can enter clear child-related orders, and a protective order follows its own emergency track when safety is the problem.
The key point is that the legal vehicle has to match the real problem. Texas parentage cases are governed by Chapter 160, and unmarried parents often use a Suit Affecting the Parent-Child Relationship, called a SAPCR, to get enforceable orders about conservatorship, possession, access, and support. A protective order is different again. It is not just "part of the divorce paperwork." It has its own hearing and required findings, and it may need to be filed right away if someone is in danger. One mistake we see a lot is filing only for divorce because that is the term people know, even though the first issue is really immediate safety, paternity, or an existing order that is being ignored. Getting the case type right at the start can save months of delay and can keep you from asking the court for relief in the wrong file.
What can be done in the first 30 days after I am served with divorce, custody, or support papers in Texas?
A great deal can happen in the first 30 days, and waiting is risky. In Texas, the answer deadline is usually 10:00 a.m. on the Monday after 20 days from service, and the early stage is often when the court deals with temporary rules for the children, support, the house, and access to money or records.
The first month is not just about filing an answer. It is when you need to read every page that came with service, save texts and emails, gather bank records, pay stubs, school records, and the last signed court order if there is one, and decide whether a temporary hearing is already set. If a temporary restraining order came with the papers, that order can be short lived, but the hearing behind it may be very close. In Dallas County and nearby courts, early temporary-orders hearings often shape the routine that later becomes the settlement baseline. That is the detail many people miss. They focus on the final trial date and do not realize the first hearing may decide who stays in the house, how exchanges happen, and which parent looks like the more stable day-to-day caregiver while the case is pending.
When Safety or Violations Are Part of the Case
What happens if family violence is part of a divorce or custody case?
Safety issues can move faster than the divorce or custody case itself. When family violence is part of the facts, the court can address protection, contact, and temporary child-related rules on an emergency track instead of waiting for the final case to finish.
That distinction matters. A protective order has its own hearing and required findings. A temporary restraining order is different. It can be granted without notice only when specific facts are shown by affidavit or verified pleading, and it expires within the period the court sets, not to exceed 14 days unless extended. In custody decisions, Texas law also tells courts to consider family violence when deciding whether possession should be denied, restricted, or limited. The practical mistake is assuming that filing for divorce automatically creates immediate safety rules. It usually does not. If there is current danger, the emergency filing often needs to come first or at least at the same time. Good evidence is concrete, not vague. Dates, photos, medical records, school reports, police reports, and saved messages usually matter far more than broad statements that the other person is "unstable."
What if the other parent is violating the current order but I also need to change it?
You may need both. Enforcement looks backward and asks the court to address violations of the order that already exists. Modification looks forward and asks the court to change future terms because circumstances have materially and substantially changed since the last order.
Those are different requests, and treating them as the same thing is a common mistake. If the other parent missed exchanges, refused school access, or ignored a possession schedule, the court needs specific dates, times, and order language for the enforcement side. If the child's needs, work schedule, school situation, living arrangements, or safety concerns have changed enough to justify a different plan going forward, that is the modification side. Texas law uses the "material and substantial change" standard for many modification requests under § 156.101. Another detail people overlook is that side deals are hard to enforce if they never became a signed order. So keep a clean record. Save messages. Keep a calendar. Do not retaliate by withholding your own support or parenting time. Judges usually respond better to the parent who followed the written order as closely as possible while building clear proof of the violations and the reason a future change is now needed.
Cost and Strategic Decisions
What usually makes a family law case more expensive in Dallas?
Cost usually turns more on conflict than on the title of the case. These matters get more expensive when there are emergency hearings, repeated disputes over children, formal discovery fights, business or property tracing issues, expert witnesses, or a trial. They usually cost less when the facts are clear and the final order can be negotiated early.
It helps to separate court costs from case costs. Court costs are the filing, issuance, and service fees tied to opening the case. Case costs can expand with mediation, custody evaluations, appraisals, or extra hearings. Attorney time also rises when someone hides information, misses deadlines, or turns every small issue into a fight. Texas child support law gives judges a guideline framework based on net resources under § 154.125, which can narrow the dispute when income is straightforward, but self-employment, cash income, and mixed property questions usually make the case more work. A less obvious cost driver is the "handshake deal" problem. People try to save money by making side agreements and never putting them into a signed order. When that deal falls apart, they may end up paying for an enforcement or modification case that could have been avoided by documenting the agreement correctly the first time.
Can moving out of the house hurt my divorce or custody case in Texas?
It can, but not in the way many people think. Moving out does not automatically waive your ownership rights or your right to seek time with your child. But it can change the day-to-day facts in a way that affects temporary orders, negotiations, and how the court views stability while the case is pending.
In a divorce, Texas courts divide the community estate in a way that is "just and right," not automatically 50/50, so leaving the house is not a legal forfeiture of property. The bigger risk is often practical. If children are involved, judges focus on the child's best interest and day-to-day stability under § 153.002. When one parent moves out and the other parent becomes the regular school-night parent for weeks or months, that temporary pattern can start to look like the working arrangement the court should preserve. We often see people leave with good intentions and no written plan, then struggle later to explain why the new routine should be undone. If safety requires you to leave, leave. But do it carefully. Take copies of financial records, photograph important property, secure access to passwords and accounts, and create a clear written proposal for parenting time as early as possible instead of letting the temporary situation speak for itself.
Talk to a Family Lawyer in Dallas Today
Whatever family law issue you're facing, the good news is you don't have to figure it out alone. Our team at Warren & Migliaccio has been helping North Texas families find a path forward since 2006. We'll listen to your situation, explain your options, and help you take the right next step.
Call (888) 584-9614 for a free consultation, or contact us online to get started.
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Legal Authorities
- Tex. Fam. Code § 153.002 (best interest of the child standard)
- Tex. Fam. Code § 6.702 (60-day waiting period for divorce)
- Tex. Fam. Code § 153.131 (presumption of joint managing conservatorship)
- Tex. Fam. Code § 154.125 (child support guidelines)
- Tex. Fam. Code § 156.101 (grounds for modification of conservatorship)
- Tex. Fam. Code Ch. 160 (Uniform Parentage Act, paternity)
- Tex. Fam. Code § 153.433 (grandparent access and possession)
- Tex. Fam. Code § 85.001 (protective order requirements)
- Tex. Fam. Code Ch. 4 (premarital and marital property agreements)
- Tex. Fam. Code § 8.051 (spousal maintenance eligibility)
This article is for informational purposes only and does not create an attorney-client relationship.
