Texas
Can You File for Custody and Child Support in Texas While Still Living Together?
Quick answer
Many Texas parents assume they have to physically separate before starting a custody or child support case. In Texas there is no requirement that parents live apart before filing, and starting early can make an eventual move much smoother.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated June 2026
No, You Do Not Have to Move Out First
Texas does not require parents to have separate addresses before opening a custody or child support case. For parents who were never married, the case is called a Suit Affecting the Parent-Child Relationship (SAPCR). It covers conservatorship (what Texas calls custody), possession and access (the visitation schedule), and child support, and it can be filed while both parents are still under the same roof.
Courts focus on the child's best interest, not on whether the parents have finished untangling their living situation. That said, support enforcement can feel less urgent to an agency while both parents are supporting the child in one household, so the practical effect of an order often kicks in around the time one parent moves. Filing early simply means the case is already moving when that day comes.
Custody for Unmarried Parents in Texas
When paternity has been legally established, both parents have the right to ask the court for conservatorship, a possession schedule, and child support. Establishing paternity is usually done by both parents signing an Acknowledgment of Paternity, often at the hospital, or through a court or Attorney General case.
If a parent is expecting another child, paternity for the new baby is a separate step that happens after the birth. A custody and support case for that child generally cannot be finalized until the child is born and paternity is established, but the case for an existing child does not have to wait.
Attorney General Office vs. Filing in Family Court
The Texas Attorney General's Child Support Division offers a free process that can establish paternity, child support, medical support, and a basic custody and visitation order. The tradeoffs are speed and control. These cases can take months, and the Attorney General represents the State of Texas, not either parent, so the resulting orders tend to follow standard templates.
Filing a SAPCR directly in the district court that handles family cases gives a parent more control over the details, such as a tailored possession schedule, temporary orders while the case is pending, and specific decision-making rights. Parents can hire an attorney, represent themselves, or contact a legal aid organization, which may provide free help to parents who qualify based on income.
Practical Steps While You Still Share a Home
Before filing, gather the documents the court or agency will ask for: the child's birth certificate, the Acknowledgment of Paternity or paternity order, recent pay stubs for both parents if available, and records of childcare and health insurance costs. It also helps to sketch out the parenting schedule you plan to propose so the request is concrete.
Because there is no need to wait for a move, a parent planning to relocate can file first and ask for temporary orders that set support and a schedule as soon as the households separate. Cases are filed in the county where the child lives, so the correct courthouse is the one for the child's current home county.
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Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.