Skip to content 
Understanding Texas Child Custody can feel overwhelming for parents caught in a legal battle. Courts focus on the child’s best interests, but the legal terms and requirements often create confusion. Knowing how custody works in Texas helps parents make informed decisions. The type of conservatorship, visitation schedules, and child support rules all play a role in shaping a custody arrangement. Parents who understand these factors can better prepare for court proceedings and create a plan that works for their child.
Understanding Texas Child Custody
Child custody decisions in Texas can feel overwhelming for parents going through a divorce or separation. Courts focus on the child’s best interests when deciding how custody will be handled. Parents should understand how the legal system approaches these cases, what factors affect custody arrangements, and how to prepare for the process.
Types of Child Custody in Texas
Texas law uses the term “conservatorship” instead of custody. Parents can be named as joint managing conservators or one parent may be appointed as the sole managing conservator. The type of conservatorship impacts decision-making rights, responsibilities, and the child’s living arrangements.
Joint Managing Conservatorship
Courts often favor joint managing conservatorship, which allows both parents to share decision-making responsibilities. This arrangement gives both parents legal rights over education, healthcare, and other important aspects of the child’s life. However, one parent may still be granted the exclusive right to decide the child’s primary residence.
Sole Managing Conservatorship
One parent may be awarded sole managing conservatorship when the other parent poses a risk to the child. This decision usually happens in cases involving abuse, neglect, or absence from the child’s life. The parent granted sole conservatorship has the right to make major decisions without input from the other parent.
Possession and Access
Possession and access refer to the actual time each parent spends with the child. Texas courts follow standard possession guidelines unless parents create an agreement that serves the child’s needs better.
Standard Possession Order
The Texas Standard Possession Order (SPO) provides a general schedule for custody arrangements. The noncustodial parent typically has the child on the first, third, and fifth weekends of each month, alternating holidays, and extended time during summer breaks. Parents can agree on a different schedule if it works better for their child.
Modifications to Possession Orders
Parents can request modifications to an existing custody order if circumstances change. Reasons may include relocation, a parent’s inability to care for the child, or the child’s needs changing over time. Courts will approve modifications if they benefit the child.
Factors Courts Consider in Custody Decisions
Judges review several factors before making a custody determination. Courts aim to create a stable and supportive environment for the child.
- Child’s Best Interests: Judges consider the child’s emotional and physical well-being before making a decision.
- Parental Involvement: A parent’s role in the child’s daily life can affect custody outcomes.
- Child’s Preference: If the child is 12 or older, courts may consider their preference, though it does not guarantee an outcome.
- Parental Stability: A parent’s ability to provide a stable home environment plays a significant role.
- History of Abuse or Neglect: If a parent has a history of abuse, courts may limit or restrict custody rights.
Creating a Parenting Plan
Parents can submit a parenting plan outlining their proposed custody arrangement. Courts review these plans and approve them if they align with the child’s best interests.
What to Include in a Parenting Plan
- Custody Arrangement: Specify if custody will be joint or sole.
- Visitation Schedule: Detail how each parent will spend time with the child.
- Decision-Making Responsibilities: Outline how parents will handle major decisions.
- Child Support: Include details on financial responsibilities.
Child Support in Texas
The noncustodial parent usually pays child support to help cover expenses. Texas follows specific guidelines to determine the amount based on the parent’s income and the number of children.
Calculating Child Support
Texas law sets child support based on a percentage of the parent’s income:
- One child: 20% of net income
- Two children: 25% of net income
- Three children: 30% of net income
- Four children: 35% of net income
Courts may adjust the amount if the child’s needs require additional financial support.
Enforcing Custody and Support Orders
If a parent refuses to follow a custody or support order, legal action may be necessary. Courts can enforce these orders through various methods, including fines, wage garnishment, or in extreme cases, jail time for noncompliance.
Working Toward a Positive Custody Arrangement
Custody decisions can be emotional, but parents should focus on their child’s well-being. Open communication and cooperation help create a stable environment, reducing stress for everyone involved. Understanding the legal process can help parents make informed decisions that benefit their child.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book:“Child Support E-book”
Other Related Articles
- Child Custody and Religion: Navigating Differences in Texas
- Understanding the Role of Texas Child Protective Services in Custody Cases
- Child Custody in Texas: Factors Considered by the Courts
- The Impact of Incarceration on Child Custody and Visitation in Texas
- Child Custody FAQs
- Uniform Child Custody Jurisdiction and Enforcement Act
- Police officers and child custody issues
- Child Custody Disputes Because of Ex-Spouse’s New Partner
- The effect of substance abuse on child custody determinations
- When do courts award sole custody to Texas fathers?
- Police officers and child custody issues
- Does my 18 year old child still have to go with their other parent on the weekend for court ordered visitation in Texas?
- Should I Mention My Ex’s Mental Illness During Our Custody Case?
- Should you be asking for sole custody?
- Uniform Child Custody Jurisdiction and Enforcement Act
Texas Child Custody FAQ
In Texas, the typical custody arrangement is known as the “Standard Possession Order” (SPO). This arrangement generally awards one parent (the “custodial parent”) primary custody, while the other parent (the “noncustodial parent”) has visitation rights. The noncustodial parent typically spends time with the child on the first, third, and fifth weekends of each month, as well as alternating holidays and a longer period during summer vacations.
In Texas, child custody is determined by considering the best interests of the child. The courts look at a variety of factors, including the emotional and physical needs of the child, the stability of the home environment, each parent’s ability to provide for the child’s needs, and the child’s own preferences (if they are old enough to express them). The court may also consider factors such as the parents’ work schedules and their willingness to cooperate with each other.
Grounds for full custody, also known as “sole managing conservatorship,” may be granted in Texas if one parent is deemed unfit due to a history of violence, substance abuse, neglect, or other behavior that puts the child at risk. The court may also grant full custody if the parents have a history of conflict that makes joint decision-making for the child’s welfare impossible.
When deciding custody in Texas, judges primarily consider the best interests of the child. They take into account factors such as the child’s emotional and physical needs, the stability of the home environment, each parent’s ability to provide for the child’s needs, and the child’s preferences. The court may also consider each parent’s work schedule, their willingness to cooperate with each other, and any history of violence, substance abuse, or neglect.
