Mediation in Texas Custody Cases

Last updated: July 27, 2026

The large majority of contested Texas custody cases are resolved at mediation rather than by a judge. Mediation is governed in SAPCR cases by Texas Family Code § 153.0071, and the agreement it produces — a Mediated Settlement Agreement, or MSA — is one of the most binding documents in Texas family law.

That last point is the one this page exists to make. An MSA is not a proposal, a draft, or a starting point. Signed correctly, it is enforceable and effectively cannot be revoked, even the next morning.

When Mediation Happens

Under § 153.0071(c), the court may refer a SAPCR to mediation on its own motion or on the motion of a party. In practice:

• Many courts require mediation before a contested temporary orders hearing
• Nearly all courts require mediation before a contested final trial
• Some courts will not set a trial date until the parties certify they have mediated in good faith

A party may object to a mediation referral. Under § 153.0071(f), if a party files a written objection on the basis of family violence within the statutory window, the court may not refer the case to mediation unless it makes specific findings and takes steps to protect the objecting party, such as separate sessions or the presence of counsel.

How a Custody Mediation Actually Runs

Family mediation in Texas is almost always caucus-style: the two parties sit in separate rooms and the mediator moves between them. You may never be in the same room as the other parent. Sessions are commonly booked as a half day or full day.

The mediator is a neutral. The mediator does not decide anything, does not report to the judge on who was reasonable, and does not represent either party's interests. A mediator who is also an attorney is not your attorney and cannot give you legal advice.

Mediation communications are confidential under Texas Civil Practice & Remedies Code § 154.073. What is said in mediation is generally not admissible or discoverable in the case. That confidentiality is what allows candid negotiation, and it has statutory exceptions.

The Mediated Settlement Agreement: Three Requirements

This is the core of § 153.0071. An MSA is binding on the parties if it:

1. Provides, in a prominently displayed statement that is in boldfaced type, in capital letters, or underlined, that the agreement is not subject to revocation;
2. Is signed by each party to the agreement; and
3. Is signed by the party's attorney, if any, who is present at the time the agreement is signed.

If those three elements are present, § 153.0071(e) provides that a party is entitled to judgment on the agreement notwithstanding Rule 11 of the Texas Rules of Civil Procedure or another rule of law. That phrase is doing a great deal of work. It means the ordinary routes for backing out of a settlement do not apply.

The Narrow Exception: Family Violence

Under § 153.0071(e-1), a court may decline to enter judgment on an MSA if it finds that:

• A party was a victim of family violence that impaired that party's ability to make decisions; and
• The agreement is not in the child's best interest.

Both findings are required — either one alone is not enough. This is a genuine but narrow safety valve, not a general escape hatch for regret.

What an MSA Should Cover

Because the agreement becomes the order, gaps in it become gaps in your court order. A thorough custody MSA addresses:

• Conservatorship: joint or sole, and the allocation of rights and duties
• Who holds the exclusive right to designate the child's primary residence
• Any geographic restriction on the child's residence
• The possession schedule — Standard Possession Order or a custom schedule, including holidays and summer
• Exchange locations, times, and who transports
• Child support, medical support, and dental support
• Decision-making on education, non-emergency medical care, and psychiatric treatment
• Communication rules between households, and between each parent and the child
• Travel, passports, and out-of-state or international trips
• How future disputes get resolved

Our document templates include a checklist you can bring with you.

Preparing for Mediation

1. Know your calendar. Bring your actual work schedule and the child's school and activity calendar. Schedules negotiated in the abstract fail in practice.
2. Decide in advance what you will not trade. Long sessions produce fatigue, and fatigue produces concessions you did not intend.
3. Bring your financial information if support is on the table — pay records, health insurance costs, childcare costs.
4. Read every draft in full before signing, including handwritten interlineations.
5. Ask what each provision means if you are unrepresented. The mediator can explain what a term does mechanically even though they cannot advise you.

Mediation Is Not a Substitute for Notice

Mediation only functions when both parents are actually in the case. A parent who was never properly served never reaches mediation at all — the case proceeds to a default judgment without them. If you are reading this because you discovered a custody order you never had the chance to negotiate, the mediation stage is not where your problem lies. Start with the service record: whether a return of service was filed, and what address appears on any Certificate of Last Known Address.

Frequently Asked Questions

Can you change your mind after signing an MSA in Texas?

Almost never. If the agreement meets the three requirements of § 153.0071(d), a party is entitled to judgment on it notwithstanding Rule 11 or any other rule of law. There is no revocation period.

Is mediation required in Texas custody cases?

Not by statute in every case, but most courts order it before a contested trial and many require it before a contested temporary orders hearing. Section 153.0071(c) authorizes the referral.

How much does custody mediation cost in Texas?

Private mediators commonly charge several hundred to over a thousand dollars for a half or full day, usually split between the parties. County dispute resolution centers frequently offer sliding-scale or low fixed-fee mediation.

Can I refuse to mediate?

You can file a written objection, and § 153.0071(f) gives specific protection where the objection is based on family violence. A general unwillingness to negotiate is unlikely to succeed and may affect how the court views your posture.

Do I need a lawyer at mediation?

You are not required to have one. But the document you sign is effectively irrevocable and becomes your court order, which makes this a stage where representation is worth more than at almost any other. See the legal aid directory for free and low-cost options.