Hiring a Child Custody Lawyer in Texas
How courts in Texas decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Texas: fee rules
| Rules on contingency fees | Under Texas Disciplinary Rule of Professional Conduct 1.04(d), a contingent fee agreement must be in writing and state how the fee is determined; if the percentage differs for settlement, trial or appeal, each percentage must be stated. The agreement must state the litigation and other expenses to be deducted from the recovery and whether they are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.04(e) bars contingent fees for defending a criminal case. Rule 1.04(a) prohibits illegal or unconscionable fees. |
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| If you disagree with a lawyer's bill | The State Bar of Texas's Client-Attorney Assistance Program (CAAP), a confidential statewide dispute resolution service, helps clients and lawyers resolve minor disagreements and can help you communicate with your attorney about a fee, but it cannot recover fees or refunds. If you believe a fee is unjust or unsupported by the fee agreement or work performed, the bar advises filing a grievance; CAAP and the grievance process cannot be used at the same time. CAAP staff answer 1-800-932-1900. |
| If a lawyer takes your money | The State Bar of Texas Client Security Fund generally requires a grievance that results in findings that the lawyer stole the client's money or failed to refund an unearned fee, unless the lawyer is already disbarred, resigned in lieu of discipline or deceased, plus proof of the loss. Apply online within 18 months after the date of the disciplinary judgment. |
Texas rules to know first
| How custody is decided | Texas uses the terms "conservatorship" and "possession and access." The best interest of the child is always the primary consideration. There is a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest; a history of family violence between the parents removes that presumption. In a nonjury trial or hearing, on a party's request, the judge must interview a child 12 or older in chambers (and may interview a younger child) about the child's wishes on conservatorship or primary residence. |
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| Emergency custody | While a custody (conservatorship) case is pending, the court may make temporary orders for the safety and welfare of the child, including temporary conservatorship and temporary support. Temporary conservatorship and support orders generally require notice and a hearing; the statute allows a conservatorship order without notice and an adversary hearing only for an emergency order sought by a governmental entity under the child-protection chapter (Chapter 262). Temporary restraining orders, such as orders keeping a party from disturbing the peace of the child or removing the child from an area, can be issued without a verified pleading, but an order attaching the child, taking the child into the court's possession, or excluding a parent from possession of or access to the child requires a verified pleading or affidavit. Temporary orders cannot be appealed before the final order, and violating them can be punished as contempt. Source: Tex. Fam. Code § 105.001 |
| Parenting classes | There is no statewide requirement for all divorcing parents. In a case involving children, the court may order the parents to attend a parent education and family stabilization course (4 to 12 hours) if it is in the child's best interest, and parents may not be required to attend together. The court may also refer a divorce to mediation, on the parties' agreement or on its own motion. Some courts have local rules on parenting courses; check your county's local rules. Source: Tex. Fam. Code §§ 105.009, 6.602 |
| Grandparents' rights | A biological or adoptive grandparent may file for possession of or access to a grandchild, with an affidavit stating facts showing that denial would significantly impair the child's physical health or emotional well-being. The court may grant it only if at least one parent still has parental rights, the grandparent proves by a preponderance of the evidence that denial would significantly impair the child's physical health or emotional well-being, and the grandparent's own child (the child's parent) has been in jail or prison during the three months before filing, has been found incompetent, has died, or does not have actual or court-ordered possession of or access to the child. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Texas Lawyer Referral & Information Service (LRIS) helps you find a lawyer or other resource matched to your legal needs and financial means; staff cannot give legal advice. For Bexar, Dallas, Harris, Jefferson, Travis and Tarrant Counties, use the local certified lawyer referral service listed by the State Bar. For all other counties, call (800) 252-9690 (Monday-Friday, 8:30 a.m.-4:30 p.m. CST; Spanish spoken) or use the online referral. After the referral, you call to make an appointment; the lawyer provides up to a 30-minute consultation for no more than $20. LRIS has no participating attorneys who offer free or reduced-fee help, and fees after the consultation are set between you and the lawyer. |
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| Check that the lawyer is licensed | The State Bar of Texas's online membership directory (Find a Lawyer) provides basic information about attorneys licensed to practice in Texas. The bar notes the information is provided as is, without warranty, and that the directory is not a certified lawyer referral service. |
| Check discipline history or file a complaint | Grievances against Texas lawyers go to the State Bar of Texas Office of Chief Disciplinary Counsel. Complete the current grievance form (effective October 1, 2025) through the bar's online submission system, or mail or fax it to State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 13287, Austin, Texas 78711 (fax 512-427-4315); outdated or incomplete forms are rejected, and supporting documents should be copies. Within 30 days the Chief Disciplinary Counsel classifies the grievance as an Inquiry (dismissed) or a Complaint (investigated, with the attorney asked to respond). A dismissed grievance can be amended and re-filed within 20 days of the dismissal notice, and dismissals can be appealed to the Board of Disciplinary Appeals. Grievance Information Helpline: 1-800-932-1900. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Texans is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists three Texas grantees: Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas RioGrande Legal Aid. The State Bar's LRIS page also links a self-service tool for finding free or reduced-fee legal resources by county. |
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Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.