How to File for Child Custody in Dallas County — A Step-by-Step Guide
Step 1 — Confirm Texas jurisdiction
Under the Uniform Child Custody Jurisdiction and Enforcement Act (Texas Family Code Chapter 152), Texas has jurisdiction if the child has lived in the state with a parent for the six months immediately before filing. Emergency jurisdiction is available if the child is present and requires immediate protection.
Step 2 — Draft the original petition
The petition identifies the parties, the child, jurisdiction basis, and requested relief — conservatorship, possession/access, child support, medical support, and any temporary orders. Petitions are filed with the Dallas County District Clerk (currently around $300–$350 in filing fees).
Step 3 — Serve the other party
Personal service by a certified process server or constable is standard. If the other parent cannot be located, service by publication may be requested after diligent inquiry.
Step 4 — Temporary orders
Most contested cases include a temporary orders hearing within a few weeks. Temporary orders establish who lives with the child, a possession schedule, temporary support, and other pre-final rules while the case is pending.
Step 5 — Mediation and final orders
Dallas County family district courts require mediation before trial in nearly all contested cases. Most cases resolve at mediation via a Mediated Settlement Agreement (which is binding under Family Code §153.0071). If mediation fails, the case proceeds to trial before the family district court judge.
Frequently Asked Questions
How much does it cost to file for custody in Dallas County?
Filing fees run roughly $300–$350, plus service of process ($75–$150), and any court-ordered social study or amicus attorney fees. Attorney representation varies by case complexity; Garcia-Windsor provides a free consultation with a written fee estimate.
Do I need to attend court in Dallas?
Yes, at minimum for temporary orders and the final prove-up (or trial). Some Dallas County family courts offer Zoom hearings for uncontested matters. Mediation typically occurs in person at a neutral mediator's office.
Isabela A. Garcia
Bilingual Dallas family law attorney, founding attorney of Garcia-Windsor, P.C., Super Lawyers Rising Star, Top 50 Women Leaders in Texas, and exclusive consulting attorney for the Mexican Consulate General of Dallas (PALE program).
Legal disclaimer: The information in this post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Consult a licensed Texas attorney about your specific situation.