Settling Custody, Visitation, and Support Out of Court

It depends. The court may refer a suit affecting the parent-child relationship (SAPCR) to arbitration upon written agreement of both parties if it is in the best interests of the party. However, the court cannot force arbitration in a SAPCR.

Texas Family Code 153.0071.

If both parties agreed, in advance, to binding arbitration, the court will render an order that reflects the arbitration award, unless it is not in the best interest of the children.

Texas Family Code 153.0071(b).

Yes. Both parties can agree to mediation or mediation can be set on the court’s own motion. Read Mediation for more information about mediation.

Texas Family Code 153.0071(c).

Yes. A mediated settlement agreement (MSA) is binding on the parties if the agreement:

1. Includes a clearly visible statement that is boldfaced, in capital letters, or underlined that states the agreement is not subject to revocation,
2. Is signed by each party to the agreement, and
3. Signed by the party’s attorney, if any, who is present at the time the agreement was signed.

Texas Family Code 153.0071(d).

A court can decline enter a judgment on a mediated settlement agreement if the court finds that a party to the agreement was a victim of family violence or if the agreement permits a dangerous person around your child. A court will also not enter a judgment on a mediated settlement agreement if it is not in the best interests of the child. Read Mediation and Family Violence for more.

Texas Family Code 153.0071(e).