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Child custody in Texas involves tough emotions and major decisions. Parents want to protect their rights and provide stability for their children, but the process can feel overwhelming. Legal terms like conservatorship and possession orders often add to the confusion. Understanding the key facts in advance can give parents clarity and control. Here are some of the most important things to know about child custody in Texas, whether you’re heading to court or planning for the future.
1. Texas Uses the Term “Conservatorship”
Texas doesn’t officially use the term “custody” in legal proceedings. Instead, the courts refer to it as conservatorship. This covers two areas: legal rights and responsibilities, and physical possession of the child.
There are two main types:
Joint Managing Conservatorship (JMC)
This arrangement gives both parents shared rights and duties. That includes access to records, decisions about education and healthcare, and the right to be involved in major life choices. Courts prefer joint managing conservatorship unless there’s a strong reason not to allow it.
Sole Managing Conservatorship (SMC)
In this case, one parent receives the majority of rights and responsibilities. Courts may assign SMC when the other parent has a history of abuse, neglect, substance abuse, or incarceration. SMC doesn’t always mean the other parent has no access. The court may still allow visitation, but it often limits decision-making rights.
2. The Court Focuses on the Child’s Best Interests
The judge won’t prioritize convenience for the parents. The law focuses on what’s best for the child. Texas Family Code lists several factors the court may consider:
- The child’s physical and emotional needs
- Stability in the home environment
- Each parent’s involvement and parenting ability
- The child’s wishes (especially if aged 12 or older)
- History of abuse, violence, or neglect
Courts want to promote consistency. If a parent moves frequently, has a risky lifestyle, or shows poor judgment, that can affect the ruling. If a parent provides daily care, supports schoolwork, and maintains structure, the court may favor that stability.
3. Visitation Rights Depend on the Possession Order
Visitation in Texas falls under a “possession order.” That term refers to when a parent has the right to see and spend time with the child.
Standard Possession Order (SPO)
The SPO outlines a fixed schedule, including:
- First, third, and fifth weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended time during summer
This order fits most families when parents live within 100 miles of each other. If they live farther apart, the schedule may adjust to allow longer blocks during holidays and summers.
Modified or Custom Orders
Courts can approve modified schedules based on the parents’ work routines, the child’s needs, or any agreement between both sides. These allow flexibility but require clear communication and legal approval.
4. Parental Rights Include Legal and Physical Control
In Texas, parents granted conservatorship receive a bundle of legal rights. These often include:
- Making decisions about education, medical care, and religious upbringing
- Access to medical, dental, and psychological records
- The right to consent to medical treatment
- The right to manage the child’s services and earnings
When both parents share managing conservatorship, they must work together on key decisions. Courts expect cooperation unless one parent has shown poor judgment or placed the child in danger.
Physical control refers to where the child lives and which parent provides daily care. Even in shared arrangements, one parent usually receives the role of primary caregiver. That parent will determine the child’s main residence.
5. Child Support and Custody Go Hand in Hand
Child custody decisions often include child support. In most cases, the noncustodial parent pays support to the custodial parent. This money covers housing, clothing, food, school supplies, and other day-to-day needs.
Texas Child Support Guidelines
The amount depends on the noncustodial parent’s income and the number of children. Standard rates are:
- 20% of net income for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five or more children
The court can adjust these numbers based on special circumstances. These include medical needs, travel expenses for visitation, or support for other dependents.
Payment Enforcement
Texas takes enforcement seriously. Missed payments can lead to wage garnishment, license suspension, and even jail time. Parents cannot stop paying support just because they disagree with custody decisions or feel frustrated. Support and visitation are separate issues.
Can a Child Decide Where to Live?
Children aged 12 or older can voice their preference, but they don’t get the final say. A judge may consider the child’s wishes when reviewing custody options, but the court still makes the ultimate decision. If the court believes the choice would put the child at risk or cause instability, it may deny the request.
Can Custody Be Modified?
Yes. A parent can request a change in conservatorship or visitation if circumstances have significantly changed. These might include:
- A parent moves to a new city or state
- One parent becomes unfit or unsafe
- The child’s needs change due to age, school, or health
- The child expresses a strong desire to change living arrangements
The parent requesting the modification must show that the change supports the child’s best interests. The process involves filing a motion, serving the other parent, and attending a hearing.
Do Parents Need a Court Order?
Verbal agreements often work for cooperative parents, but they hold no legal weight. Only a signed court order protects your rights and creates enforceable expectations. If one parent violates a verbal deal, the court won’t intervene unless an order exists. Even in amicable separations, putting the agreement in writing keeps everyone accountable.
Mediation Plays a Big Role
Before heading to court, parents often go through mediation. A neutral third party helps them discuss issues and reach an agreement. Mediation saves time, reduces stress, and avoids a courtroom battle. If parents agree on a plan, they submit it to the judge for approval.
Courts prefer when parents cooperate, but they will step in if necessary. Judges often enforce plans developed during mediation unless they present a danger to the child.
Final Thoughts
Child custody in Texas involves more than just deciding where a child will live. Parents must consider long-term stability, emotional well-being, and clear communication. Courts aim to protect children and encourage shared responsibility whenever possible. Understanding terms like conservatorship and possession orders is crucial—these are important things to know about child custody if you want to navigate the process with purpose during a difficult time.
Parents who prepare, stay engaged, and prioritize their child’s well-being are more likely to secure fair and lasting custody arrangements. Legal terms may sound complicated, but with the right knowledge, parents can stay focused and make decisions that truly support their child.
Other Articles you may be interested in:
- Top Child Visitation Agreement Guidelines for Parenting Time and Custody
- How to Navigate Texas Child Custody Order Modification Effectively
- Best Practices for Modifying Custody Agreements in Texas
- What Causes High Conflict Custody Cases?
- Who Wins Most Custody Battles?
- What Is The Best Custody Arrangement For Physical Custody?
- How Do You Win a High Conflict Custody Case?
- How Do Courts Determine Who Gets Custody?
- Does An Unmarried Mother Need To File For Custody?
- What Is The Difference Between Legal and Physical Custody?
- Grandparents’ rights and child custody issues related to non-biological children
- How to get custody of a friend’s child
- How much does a child custody case cost?
- Understanding the Role of CPS in Texas child custody cases
- Modifying a child custody order: what you need to know
