When parents divorce, the court’s most important job is to make sure the children are protected and provided for. For New Braunfels and Comal County families, that means a decree that spells out who makes decisions, when each parent has the children, and how support and health care will be paid. Whether you and your co-parent agree or not, understanding the Texas framework helps you make good decisions. A family law attorney can help you build a plan that fits your children rather than a one-size-fits-all form.
What the Decree Must Cover
A Texas divorce involving children of the marriage must address:
- Conservatorship: who has the rights and duties of a parent, such as making education and medical decisions.
- Possession and access: the schedule for when each parent has the children.
- Child support: the amount, how it is paid and how long it lasts.
- Medical and dental support: who provides health and dental insurance and how uninsured costs are split.
Texas statutes use “conservatorship” rather than “custody,” but most people use the words interchangeably.
Conservatorship: Sharing Rights and Duties
Texas presumes that appointing both parents as joint managing conservators is in the child’s best interest. That presumption can be overcome, for example by evidence of family violence or serious neglect. Learn more on our conservatorship page.
Even with joint conservatorship, one parent is usually given the exclusive right to designate the child’s primary residence, often within a geographic area such as Comal County and contiguous counties. Other rights, such as consenting to medical treatment or making educational decisions, may be shared, divided or exclusive.
In some cases, the court names one parent as sole managing conservator and the other as possessory conservator. That usually happens when joint decision-making is not workable or not safe.
Possession and Access: The Schedule
Most Texas decrees use a version of the Standard Possession Order. In general terms it includes:
- The 1st, 3rd and 5th weekends of each month
- Thursday evenings during the school year
- Alternating holidays, such as Thanksgiving and the Christmas break
- An extended summer period
For parents who live within 50 miles of each other, the expanded schedule is generally the default unless a parent elects otherwise or the court finds it is not in the child’s best interest. It extends weekend and Thursday periods to run from when school lets out to when school resumes. See standard possession order for details.
Children under 3 get a schedule set by the court that considers their age and development, often with more frequent and shorter visits at first.
Parents are also free to agree to a different schedule, including equal time, as long as the court finds it is in the children’s best interest.
Child Support in a Texas Divorce
Texas guideline child support is a percentage of the paying parent’s monthly net resources:
| Number of children | Guideline percentage |
|---|---|
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 | 40% |
| 6 or more | Not less than 40% |
For orders on or after September 1, 2025, the guidelines apply to net resources up to $11,700 per month. Above that amount, more support can be ordered based on the children’s proven needs. Adjustments apply if the paying parent supports children in another household.
Support generally continues until the child turns 18 or graduates from high school, whichever is later, and may continue indefinitely for a disabled child. Our child support section covers calculation, modification and enforcement.
Health Insurance and Medical Costs
In addition to child support, the court orders medical support and dental support. Typically one parent provides health insurance and the other reimburses part of the premium, and uninsured expenses such as copays and deductibles are split, often 50/50. If neither parent has access to reasonably priced private insurance, the order may address public coverage. Clear language in the decree prevents a lot of disputes later.
Agreed Parenting Plans vs. Contested Custody
Many parents reach an agreed parenting plan through direct negotiation or mediation. An agreed plan lets you tailor the schedule to your family’s real life, such as a parent who works rotating shifts or a long I-35 commute to Austin or San Antonio.
If you cannot agree, the court decides after hearing evidence. Judges look at many factors related to best interest, including each parent’s involvement, stability, the child’s needs and any history of family violence or substance abuse. A child 12 or older may be interviewed by the judge on request, though the child’s preference is not binding.
Divorce With Children in Comal County: Local Considerations
Several local realities often come up in New Braunfels and Comal County cases:
- School districts. The New Braunfels area is served by more than one school district, and where the children’s primary residence is set can determine their school.
- The county line. A geographic restriction tied to Comal County alone may not fit a family living on the Guadalupe County side of New Braunfels. Restrictions are often written to include contiguous counties.
- Commutes. Exchange times and locations should account for traffic on I-35 and Highway 46.
- Military families. Deployment and relocation provisions are important for Joint Base San Antonio parents.
- Parenting classes. Some courts require parents to complete a co-parenting course. Ask the court or district clerk whether one applies to your case.
Protecting Your Children During the Divorce
- Keep the children out of adult conversations and conflict.
- Do not ask them to carry messages or report on the other parent.
- Keep routines, school and activities as steady as you can.
- Follow any temporary orders on possession exactly.
- Be careful what you post online; it can be shown to the judge.
Our guide on telling the kids offers practical ideas for that first conversation.
Talk With a New Braunfels Family Lawyer
Your children’s future is too important to leave to a generic form. Our family law team helps parents in New Braunfels, Comal County and nearby counties build parenting plans that work and protect their rights when agreement is not possible. Call (830) 302-4071 for a free consultation. Hablamos español.
Frequently Asked Questions
Does Texas favor mothers in custody decisions?
No. Texas law does not favor either parent based on gender. The court’s main question is the best interest of the child, and there is a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest.
At what age can my child choose where to live?
No child in Texas gets to choose. In a nonjury trial, a child 12 or older may be interviewed by the judge on request, and the judge may interview a younger child. The child’s wishes are one factor, but the judge decides based on the child’s best interest.
Does joint managing conservatorship mean 50/50 time?
Not necessarily. Joint managing conservatorship is about sharing rights and duties. The possession schedule is a separate question. Many joint conservators follow a standard or expanded standard possession schedule, while others agree to an equal-time arrangement.
How is child support calculated in a Texas divorce?
Guideline support is a percentage of the paying parent’s monthly net resources, starting at 20% for one child and rising with more children, applied up to a statutory cap. Medical and dental support are ordered in addition. See how child support is calculated.
Can I move away with the children after the divorce?
Many Texas decrees include a geographic restriction that limits where the children’s primary residence can be. Moving outside that area usually requires agreement or a court modification. Plan ahead if a move is possible.
Last reviewed November 13, 2026. General information only, not legal advice.