Upshur County Family Court Records

Upshur County family court records are held by the District Clerk and County Clerk in Gilmer, Texas. Family court cases in Upshur County include divorce proceedings, child custody and conservatorship orders, child support filings, protective orders, and paternity matters. All these records are filed and maintained at the Upshur County Courthouse on West Tyler Street. This page covers how to search for Upshur County family court records, what offices manage them, and what resources are available for residents navigating family law matters.

Upshur County District Clerk and County Clerk

Both the District Clerk and County Clerk for Upshur County are located at 100 W. Tyler St. in Gilmer. The phone number for both offices is (903) 843-2360. The District Clerk maintains all district court records, which is where family law cases are filed. The County Clerk holds marriage licenses, probate records, land records, and birth and death records.

When requesting family court records, the District Clerk is the right office for divorce decrees, custody orders, child support judgments, and protective orders. The County Clerk handles marriage records and vital records. Both offices share the same address at the Upshur County Courthouse.

In-person searches are available at the Upshur County Courthouse. Bring the full names of the parties and the approximate year of filing. Staff can look up cases by name or case number. Copy fees apply for printed records.

Searching Upshur County Family Court Records

The statewide re:SearchTX portal is the starting point for searching Upshur County family court cases filed electronically after 2018. The system is free to search by name or case number. Document access may require a subscription. For older cases, contact the District Clerk directly.

Upshur County does not publish its own standalone online case search portal. Direct contact with the courthouse is the most reliable method for older records. The clerk staff can search by party name or case number during office hours.

Attorneys filing family court cases in Upshur County must use eFileTexas.gov, the state's official e-filing system for district courts.

Vital records related to family matters, including birth and death certificates, are available from the County Clerk in Gilmer. The Texas DSHS Vital Statistics office holds statewide birth and death records from 1903 forward. Marriage licenses from Upshur County are available from the County Clerk.

Family Law Cases in Upshur County

Upshur County's district court handles all family law matters under Texas law. Divorce cases follow Texas Family Code Chapter 6. A spouse filing for divorce in Upshur County must have lived in Texas for six months and in the county for 90 days. Texas allows no-fault divorce based on insupportability, as well as fault-based grounds like adultery, cruelty, or felony conviction.

Custody and conservatorship cases follow Texas Family Code Chapter 153. Courts in Upshur County determine custody based on the best interest of the child. Joint managing conservatorship is typical in most cases. The court sets a possession schedule that details when each parent has access to the children.

Child support is calculated under Texas Family Code Chapter 154 guidelines, based on the obligor's net income. Protective orders for family violence are also filed in district court under Texas Family Code Chapter 82. Paternity and adoption cases complete the range of family law matters the court handles. All records from these case types are public unless sealed by court order.

Filing Family Court Cases in Upshur County

To file a family law case in Upshur County, bring your original petition to the District Clerk at 100 W. Tyler St. in Gilmer. The residency requirement under Texas Family Code Section 6.301 must be satisfied before filing. Filing fees are due at submission. If cost is a barrier, file a Statement of Inability to Afford Payment of Court Costs with the clerk.

Texas law requires a 60-day waiting period from the date the petition is filed before a divorce can be finalized, under Texas Family Code Section 6.702. Agreed cases can move quickly once the period expires. Contested matters may go to mediation or trial.

Court forms for family law cases are available at the Texas courts rules and forms page. Self-represented parties can also get help from the Texas Judicial Branch self-help program. The Civil Case Information Sheet must be completed for new family law filings and post-judgment motions in district court.

Fees and Record Access in Upshur County

Upshur County family court records are public under Texas Government Code Chapter 552. Standard copies cost $1.00 per page. Certified copies run $5.00 per document at most Texas courts. Clerk-conducted searches may carry a $5.00 fee. Call (903) 843-2360 for current fees before mailing a request.

Some records are not public. Juvenile records are sealed. Adoption case files are confidential and require a court order to view. Under Texas Family Code Section 105.006, public copies must have Social Security numbers, financial account numbers, and driver's license numbers removed. Sealed orders require a court order to access.

Note: For statewide vital records including birth and death certificates, contact Texas DSHS Vital Statistics. For copies of divorce decrees filed in Upshur County, the District Clerk is the only official source.

Legal Help in Upshur County

Upshur County residents can find free family law guides at TexasLawHelp.org. This site covers divorce, custody, child support, and protective orders in plain language. Downloadable forms and filing instructions are available for self-represented parties. The State Bar of Texas referral service at (800) 252-9690 can help you find a local licensed attorney.

East Texas Legal Services serves Upshur County and may provide free or reduced-cost legal help to qualifying residents. The Texas State Law Library family law guide links to court-approved forms and filing resources. The Texas Judicial Branch self-help center explains how to handle family court cases without an attorney.

Nearby Counties

These counties are near Upshur County in East Texas. Confirm your county of residence before filing a family law case.