A Parent’s Guide to Texas Child Custody Laws

Facing a child custody case can be one of life’s most difficult transitions—but understanding your rights under Texas law can make it less overwhelming. At The Law Office of Bryan Fagan, we believe that knowledge empowers you to protect your family’s future, turning feelings of uncertainty into a sense of control.

At the end of the day, the Texas court’s only goal is to create a stable, loving, and supportive environment for your children. Our goal is to guide you through that process with clarity and compassion.

Your First Steps in Understanding Texas Custody

When you’re first thrown into the world of family law, the legal language alone can feel intimidating. You’ll quickly discover that Texas courts don’t really use the word ‘custody.’ Instead, you’ll hear terms like ‘conservatorship,’ and every single decision is filtered through the lens of what’s in the ‘best interest of the child.’ Our job is to translate that complex legal jargon into clear, practical guidance you can actually use.

We want you to feel empowered with the knowledge to walk into this process with confidence. Knowing what to expect makes all the difference, helping you feel prepared as you make some of the most critical decisions for your family. Think of this guide as your roadmap.

This visual roadmap lays out the two most important starting points in any custody case: getting a grip on the terminology and then planning your next moves.

Successfully navigating what’s ahead begins with building a solid foundation of knowledge before you ever step into a courtroom.

The Building Blocks of a Custody Case

Every custody case, no matter how unique, is built on a few core concepts defined by the Texas Family Code. Getting familiar with these will make the entire process feel much more manageable. The key pieces are:

• Conservatorship: This is the legal term for the rights and responsibilities each parent has. It covers the big decisions, like those about your child’s education and healthcare.
• Possession and Access: This is simply the court-ordered schedule. It lays out, in detail, when the children will be with each parent.
• Child Support: This piece deals with the financial side of things—specifically, the legal obligation one parent has to help the other with the costs of raising the child.

Understanding how these three elements work together helps you see the bigger picture of how a custody order is designed to support your child’s well-being.

Decoding Conservatorship: The Heart of Texas Custody

When you first start digging into Texas child custody laws, you’ll quickly realize the word “custody” almost never appears in official court documents. Instead, Texas law uses a more specific term: conservatorship. It might sound like legal jargon, but it reflects a thoughtful approach to a parent’s role.

Think of conservatorship as a bundle of legal rights and responsibilities. It’s not just about who the child lives with; it’s about who has the authority to make the big decisions that shape a child’s life—from their education to their healthcare.

This framework, outlined in the Texas Family Code, is designed to keep both parents involved and cooperating for their child’s well-being, even after a divorce or separation.

Joint Managing Conservatorship: The Texas Standard

In the vast majority of cases, Texas courts start with a strong presumption: naming both parents as Joint Managing Conservators (JMC) is in the child’s best interest. It’s the default arrangement because Texas law recognizes that kids thrive when both parents are actively and meaningfully engaged in their lives.

But don’t let the name fool you. “Joint” doesn’t automatically mean a 50/50 split of the child’s time. What it really means is that both parents share the rights and duties of raising their child.

A JMC order is all about shared responsibility. Parents are expected to work together on major decisions concerning their child’s education, medical care, and overall welfare, much like they would in a two-parent household.

Even under a JMC arrangement, the court typically names one parent the “primary” conservator. This parent has the exclusive right to decide where the child lives (usually within a set geographic area) and is typically the one who receives child support payments.

Joint vs. Sole Managing Conservatorship At a Glance

To make the distinction clearer, it’s helpful to see the key differences in parental authority side-by-side. The following table breaks down how rights and responsibilities are typically allocated under both a Joint Managing Conservatorship (JMC) and a Sole Managing Conservatorship (SMC).

This table provides a quick overview, but the final court order is what truly matters. Each order is customized to the family’s specific situation, detailing exactly who has the final say on each major decision.

Understanding Shared Parental Rights

When parents are named Joint Managing Conservators, the court order gets very specific about which rights are shared and which are exclusive to one parent. This level of detail is crucial for preventing future conflicts.

Common rights that are divided up include:

• Educational Decisions: The right to make decisions about the child’s school and overall educational path.
• Medical Decisions: The power to consent to non-emergency medical, dental, and psychological care.
• Legal Rights: The right to represent the child in legal matters.
• Financial Decisions: The ability to consent to the child’s marriage or enlistment in the military.

A well-written order will leave no room for ambiguity. For example, it might state that the primary parent has the final say on school choices, but that both parents must agree on any non-emergency surgery. This clarity sets clear expectations from day one.

When Sole Managing Conservatorship Is Necessary

While JMC is the standard, it isn’t right for every family. In situations where joint decision-making would be impractical or even dangerous for a child, a judge can appoint one parent as the Sole Managing Conservator (SMC). This gives that parent the exclusive authority to make nearly all major decisions for the child.

A court doesn’t make this decision lightly. An SMC arrangement is reserved for cases where there’s clear evidence of serious issues that could put a child’s physical or emotional well-being at risk.

The Texas Family Code (Sec. 153.132) points to several red flags that might lead a court to order an SMC arrangement, including a history of:

• Family violence or domestic abuse
• Child abuse or neglect
• Significant, ongoing substance abuse by a parent
• Extreme conflict between parents that makes cooperation impossible
• A long period of absence or lack of involvement from one parent

In these scenarios, the other parent is typically named the Possessory Conservator. This parent still has the right to possession and access (visitation) and can access the child’s school and medical records. However, they lose the authority to make the key decisions that are reserved for the Sole Managing Conservator. The court’s overriding goal is always to protect the child while, if possible and safe, still allowing a relationship with both parents.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

The Best Interest of the Child Standard

Every single decision a Texas judge makes in a custody case boils down to one powerful question: What is in the best interest of the child? This guiding principle, established in the Texas Family Code, is the ultimate measuring stick for every ruling, from who gets to be a conservator to possession schedules and child support. It’s not just a vague idea; it’s a legal standard that forces the court to look at the entire family situation from the child’s perspective.

While this standard gives judges significant discretion, their decisions aren’t made in a vacuum. They are guided by a specific set of criteria known as the “Holley Factors.” Think of these factors as a framework for figuring out which parent is better equipped to provide a stable, nurturing, and safe home for the child.

This child-centric approach is a significant change from the past. Decades ago, there was often an unspoken preference for mothers in custody disputes. But since the 1970s, Texas—like most of the country—has shifted to a gender-neutral standard focused purely on the child’s best interests, recognizing that both parents play a vital role.

Unpacking the Holley Factors

So, what are these “Holley Factors”? They come from a landmark 1976 Texas Supreme Court case, Holley v. Adams. It’s important to know they aren’t a rigid checklist where a judge just tallies up points for each parent. Instead, they are used to paint a complete picture of the child’s world and each parent’s role within it.

Here is a practical, step-by-step breakdown of what a judge considers.

The Child’s Needs and Parental Abilities

First, the court takes a hard look at the emotional, physical, and developmental needs of the child—both now and in the future. Then, it weighs each parent’s ability to actually meet those needs.

• Emotional Needs: This is about providing love, affection, and emotional support. A judge will want to know who has been the primary caregiver—the one comforting the child when they’re sick, scared, or upset. For example, if you were the parent who always handled doctor’s appointments and parent-teacher conferences, that demonstrates a history of meeting the child’s needs.
• Physical Needs: This covers the basics like food, shelter, and clothing, but it also goes deeper into ensuring the child’s physical safety and health. Proving you have a safe home and have been consistent with medical care is crucial.
• Parental Abilities: The court is evaluating each parent’s stability, maturity, and parenting skills. A track record of responsible decision-making really helps. To ensure those decisions align with what a child needs, it’s vital for parents to understand how to support their child’s well-being, perhaps by consulting a comprehensive parent’s guide to nurturing a child’s mental health.

Stability of the Home Environment

Kids thrive on consistency and stability, especially when their world is being turned upside down by a separation. A judge will carefully examine the stability each parent can offer.

The court isn’t just looking at who has the bigger house. They are assessing which environment offers the most consistency in terms of routine, community, school, and relationships. A stable home is a predictable and safe one.

For instance, a parent who has lived in the same place for years, close to the child’s school, friends, and grandparents, might have an edge over a parent who has moved several times or plans to relocate.

The Child’s Preference

One of the most common questions we get is, “Does my child get to choose who they live with?” In Texas, the simple answer is no—a child can’t legally make that call until they’re 18.

However, the law does give older children a voice. If a motion is filed with the court, a judge must interview a child who is 12 years of age or older in private to hear their wishes. A judge also has the option to interview a younger child if they believe it’s appropriate.

Here’s the critical part: the child’s preference is just one piece of the puzzle. A judge will listen to the child’s wishes but will also try to figure out the reasons behind them. They’ll consider the child’s maturity and whether their preference is based on sound reasoning or if they’re being influenced by one parent. For example, a teenager wanting to live with the parent who has fewer rules probably won’t carry as much weight as a child expressing a desire to stay in their same school district with their friends.

At the end of the day, every piece of evidence—from testimony about daily routines to a child’s own words—is filtered through that “best interest” standard. Understanding these factors helps you focus on what really matters to the court and, more importantly, to your child.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

Making Sense of Possession Orders and Schedules

Once a judge decides on conservatorship, the next critical piece of the puzzle is the possession order. Think of it as the official, court-ordered calendar that spells out exactly when each parent gets to have the kids. It’s all about creating clarity and predictability for everyone, especially the children.

For most families, this calendar follows a template known as the Texas Standard Possession Order (SPO). As its name implies, this is the default schedule that Texas courts automatically presume is in the best interest of any child three years or older. The entire point is to establish a consistent routine that helps both parents stay deeply involved in their child’s life.

The SPO, outlined in the Texas Family Code, created a predictable, statewide standard, moving away from a time when possession schedules varied wildly from one court to another.

How the Standard Possession Order Works

The details of the Standard Possession Order depend on one simple question: how far apart do the parents live? The Texas Family Code provides different rules for parents living 100 miles apart or less versus those who live farther away, recognizing the real-world challenges of long-distance travel.

For parents who live within 100 miles of each other, the SPO usually gives the non-primary parent possession on:

• The first, third, and fifth weekends of any given month.
• Alternating major holidays, like Thanksgiving and Christmas, which flip-flop each year.
• An extended period of time in the summer, typically 30 days.

This structure is designed to keep contact regular and frequent. However, the SPO isn’t a perfect fit for every family’s unique situation.

When Parents Live Farther Apart

When parents live more than 100 miles apart, trying to stick to a first, third, and fifth weekend schedule just isn’t practical. To solve this, the Texas Family Code offers a modified version of the SPO.

Under this long-distance setup, the non-primary parent gets options that consolidate their time with the child. This might look like:

• Choosing one weekend a month: This cuts down on the constant travel but still guarantees a dedicated visit.
• Getting every spring break: This provides a full week of uninterrupted time.
• Longer summer possession: The non-primary parent usually gets a more extended summer visit, often 42 days.

This flexibility is a nod to the fact that quality time can be just as important as frequency when distance is a factor. The court’s goal remains the same: making sure the child can build and maintain a strong bond with both parents, no matter where they live.

Can We Create a Custom Schedule?

Absolutely. While the SPO is the default, Texas law actually encourages parents to work together to create a custom possession schedule that fits their family better. If you and your co-parent can agree on a schedule, a judge will almost always sign off on it, as long as it’s in the child’s best interest.

The best possession orders are often the ones parents create themselves. A custom schedule can account for non-traditional work hours, a child’s extracurricular activities, or unique family traditions in a way the standard order cannot.

When you’re building or tweaking your custody agreement, looking at effective co-parenting schedule templates can give you a great starting point. A judge can also order something completely different from the SPO if there’s solid evidence that the standard schedule would be unworkable or even harmful to the child. This could be because of a parent’s erratic job, a child’s special needs, or any other compelling reason. The key is proving to the court why a customized schedule is necessary to protect your child’s best interests.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

Making Changes or Enforcing Your Custody Order

Life never stays the same. A custody order that was a perfect fit for your family two years ago might feel completely wrong today. Kids get older, jobs change, people move, and what once worked is now a source of constant friction. The good news is that Texas child custody laws are built with this reality in mind. You aren’t chained to an outdated order forever, but you must go through the proper legal steps to update it.

On the flip side, a court order is just a piece of paper if it isn’t followed. When one parent decides the rules don’t apply to them, it can throw your child’s life into chaos. Texas law gives you a clear path to hold a non-compliant parent accountable. Knowing how to either modify an old order or enforce the current one is critical to ensuring it continues to protect your child’s well-being.

Updating Your Order Through a Modification

If you need to legally change your existing custody, visitation, or child support order, you must file a “Petition to Modify the Parent-Child Relationship” with the court. A simple verbal agreement with the other parent isn’t enough—it’s not legally binding and can cause massive headaches down the road.

To get a judge to approve a modification, you have to prove two key things:

1. A material and substantial change in circumstances has occurred since the judge signed the last order.
2. The modification you’re asking for is in the child’s best interest.

This standard exists for a reason: to keep parents from running back to court every time they have a minor disagreement. The change has to be significant.

What Counts as a “Material and Substantial Change”?

So, what does “material and substantial” actually look like in the real world? While every family’s situation is different, Texas courts generally see the following as meeting that threshold:

• A parent wants to move. If the primary parent wants to relocate outside of a geographic restriction, that’s a classic trigger for a modification.
• A parent’s lifestyle has changed significantly. This could be anything from a parent’s remarriage to a new work schedule that makes the old possession schedule impossible. It could also involve serious concerns, like a parent developing a substance abuse problem.
• The child’s needs have evolved. A toddler’s needs are vastly different from a teenager’s. As kids grow, their school, extracurricular, and social schedules might require a new visitation arrangement. For example, a standard order may no longer work once a child is involved in competitive sports that require travel on weekends.
• An older child has a strong preference. If a child 12 years or older tells the judge in chambers that they have a strong, well-reasoned desire to change which parent they primarily live with, the court will take that very seriously.
• There are instances of family violence or neglect. Any evidence of abuse or neglect is an urgent reason to get back in front of a judge immediately to protect the child.

Just not liking the current schedule isn’t enough. You have to draw a clear line from the change in circumstances to why the modification is truly best for your child.

Enforcing Your Order When the Other Parent Breaks the Rules

What can you do when the other parent just won’t follow the possession order? Maybe they’re consistently late for pick-ups, “forget” to bring the child back on time, or flat-out deny you your court-ordered weekends. You do not have to put up with this.

The legal remedy here is a “Petition for Enforcement.” By filing this, you’re asking a judge to step in and compel the other parent to follow the order.

An enforcement action is a serious legal move. You’re essentially telling the court, “We have a valid order, the other parent is knowingly violating it, and I need the court’s help to make them follow the rules.”

When you file an enforcement action, you have to be meticulously detailed. You’ll need to list every single violation with the specific date, time, and a clear explanation of how the other parent’s actions went against the exact language in your order. The consequences for being found in violation can be severe, including fines, being ordered to pay your attorney’s fees, and in some cases, even jail time for contempt of court.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

The Impact of Family Violence on Custody

Texas law takes family violence extremely seriously. When there’s credible evidence of abuse, the court’s entire focus shifts to protecting the child and the parent who has been harmed. The Texas Family Code creates a legal presumption that it is not in a child’s best interest for a parent with a history of family violence to be named a Joint Managing Conservator.

What does that mean in practical terms? It puts the heavy burden of proof squarely on the abusive parent. They have to convince the court that giving them joint custody would not endanger the child’s physical health or emotional well-being. It’s a high bar to clear, and for good reason.

A finding of family violence often results in the abusive parent being named a Possessory Conservator with very limited, and frequently supervised, visitation. A judge can also impose strict conditions, like ordering the parent to complete anger management or a battering intervention program before unsupervised visits are even on the table.

Parental Relocation and Geographic Restrictions

Life happens. A new job, a chance to be closer to family, or just the need for a fresh start can all lead to a move. But when you share custody of a child, you can’t just pack up and go. Most custody orders in Texas include a geographic restriction. This clause limits the primary parent to establishing the child’s home within a specific area, which is usually the county where the lawsuit was filed and any counties that touch its borders.

If you want to move outside that designated zone with your child, you have two options:

1. Get the other parent’s permission in a signed, written agreement.
2. File a modification lawsuit and ask the court for a new order that allows the relocation.

A judge will only greenlight a move if you can prove it is in the child’s best interest. That can be a tough standard to meet, as the court’s focus will be on maintaining the child’s stability and relationship with the other parent.

When Child Protective Services Is Involved

CPS involvement immediately adds a critical layer of urgency and complexity to any custody matter. When CPS removes a child from a home, a strict legal clock starts ticking to ensure the case doesn’t get lost in the shuffle.

Under Texas Family Code § 263.304, the court must hold an initial permanency hearing within 180 days—roughly six months—of the child’s removal. This hearing is absolutely vital for making timely decisions about where the child will live long-term, whether that’s reunification with parents or another permanent plan. Navigating a CPS case is not something to do alone; it requires immediate legal guidance to protect your rights.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

Common Questions About Texas Child Custody

When you’re dealing with Texas child custody laws, it feels like a new question pops up every five minutes. It’s completely normal. We’ve put together some of the most common questions we hear from parents to give you clear, straightforward answers about your rights and what to expect.

At What Age Can a Child Decide Who to Live With in Texas?

This is a big one. The short answer is that a child in Texas can’t legally decide which parent they live with until they turn 18.

However, the law does give older children a voice. If a motion is filed, a judge is required to interview a child aged 12 or older to hear their preference. While the court has to listen, the child’s wishes are just one piece of a much larger puzzle. The judge makes the final call based on the “best interest of the child” standard and isn’t legally bound by what the child wants.

What Is a Geographic Restriction in a Custody Order?

You’ll find a geographic restriction in the vast majority of Texas custody orders. Think of it as a boundary line. It establishes a specific area—usually the county where the order was created and its neighbors—where the primary parent must live with the child.

The whole point of this restriction is to keep both parents involved and make sure the child has frequent, consistent contact with each of them. If the primary parent wants to move outside this defined area, they either need written permission from the other parent or a new court order from a judge.

Can I Deny Visitation if Child Support Is Not Paid?

Absolutely not. This is a common and understandable frustration, but it can get you into serious legal trouble. Under Texas law, child support and visitation are two completely separate issues, enforced by separate court orders.

Withholding court-ordered visitation because the other parent is behind on child support is illegal. In fact, the other parent could turn around and file an enforcement action against you for denying their possession rights. The correct legal move is to file your own enforcement action through the court to collect the unpaid child support.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.