Child custody in Texas works differently than many parents expect, starting with the vocabulary. Texas law refers to the decision-making side of child custody as “conservatorship.” Unless a court order says otherwise, both parents hold these rights. The physical side of custody, meaning when the child is with each parent, is called “possession and access,” and it also requires a court order to be enforced.
If you are facing a divorce, it is wise to review the child custody laws in Texas before you file. Knowing how conservatorship, possession, and the best-interest standard work helps you protect your relationship with your child and set realistic expectations for your case. The State Law Library also offers a helpful overview of child possession and conservatorship in Texas.
Sole and joint conservatorship
Under the child custody laws in Texas, most parents share managing conservatorship, which means both parents have a say in major decisions about the child’s education, medical care, and religious upbringing. In fact, Texas Family Code § 153.131 creates a presumption that appointing both parents as joint managing conservators is in the child’s best interest.
Even in a joint arrangement, the court typically names one parent to determine the child’s primary residence. That parent has legal possession of the child most of the time, and a judge can limit where the child may live, such as within Williamson County and its adjoining counties (a “geographic restriction”). Joint conservatorship does not automatically mean a 50/50 time split.
Sole managing conservatorship is usually reserved for situations involving abandonment, family violence, neglect, or abuse. To learn more about how often this happens, read is sole custody common in Texas.
Joint Managing Conservatorship
Both parents share rights and duties, either jointly or independently, as the order specifies. One parent usually holds the exclusive right to designate the child’s primary residence, and the other parent pays child support and exercises court-ordered possession.
Sole Managing Conservatorship
One parent (or, in limited cases, a non-parent) receives the exclusive right to make most major decisions (Tex. Fam. Code § 153.132). Courts consider this when there is a history of family violence, child abuse or neglect, substance abuse, or a parent who has been absent from the child’s life.
Possessory Conservatorship
A parent who is not a managing conservator is usually named a possessory conservator. This parent keeps important rights, such as access to school and medical records and time with the child under a possession schedule, but does not have final decision-making authority on most major issues.
| Type of Conservatorship | Decision-Making Rights | When Texas Courts Typically Order It |
| Joint Managing Conservatorship (JMC) | Shared by both parents; one parent usually designates primary residence | The default in most cases under § 153.131 |
| Sole Managing Conservatorship (SMC) | One parent holds most exclusive rights | Family violence, abuse, neglect, substance abuse, or abandonment |
| Possessory Conservatorship | Limited; keeps access to records and visitation | Usually paired with an SMC order for the other parent |
For a broader comparison of options, see understanding different types of child custody arrangements.
The legal process
When both parents agree on conservatorship and possession of their children, they can ask the court to approve their agreement during the divorce proceedings. When they do not agree, the judge will decide depending on the child’s best interests. Generally, the parent who does not have possession will receive standard visitation, which includes:
- Extended school vacations
- One weeknight every week
- Specific holidays
- The first, third and fifth weekend each month
Texas does not allow the parent who has possession to withhold court-ordered visitation from the other parent because of the nonpayment of child support. Failure to abide by a child conservatorship and possession agreement can result in contempt of court charges. State law establishes equal custody rights for Texas parents regardless of their gender.
Steps in a Texas Child Custody Case
Most cases involving child custody in Texas follow the same general path:
- File the case. Custody is decided in a divorce or, for unmarried or already-divorced parents, a Suit Affecting the Parent-Child Relationship (SAPCR). Texas generally has jurisdiction if the child has lived in the state for the six months before filing. See how to file for child custody.
- Request temporary orders. The court can set temporary conservatorship, possession, and support while the case is pending.
- Attend mediation. Most Texas courts require parents to try mediation before trial. A signed mediated settlement agreement that meets Tex. Fam. Code § 153.0071 is binding.
- Go to trial if needed. If mediation fails, a judge (or, for some issues, a jury) decides conservatorship and possession.
- Receive the final order. The final decree or order spells out conservatorship rights, the possession schedule, and child support.
How Judges Determine the Best Interest of the Child
The best interest of the child is the primary consideration in every Texas custody decision (Tex. Fam. Code § 153.002). Judges commonly weigh the “Holley factors” from the Texas Supreme Court’s decision in Holley v. Adams, including:
- The child’s emotional and physical needs, now and in the future
- Any emotional or physical danger to the child
- Each parent’s parenting abilities and the stability of each home
- The plans each parent has for the child
- Any acts or omissions suggesting the parent-child relationship is not a proper one
- The child’s own wishes, when the child is old enough to express them
A child who is 12 or older can tell the judge, in a private interview, which parent he or she would prefer to live with (Tex. Fam. Code § 153.009). The preference is important but not controlling. Courts also consider each parent’s willingness to support the child’s relationship with the other parent, which is why parental alienation can seriously affect a case.
Standard Possession Order and Visitation Schedule
The parent who does not have primary possession, or the non-possessory parent, is generally entitled to the Standard Possession Order (SPO). Under that schedule, the parent typically receives extended time during school vacations, one weeknight per week during the school year, alternating holidays, and the first, third, and fifth weekend of each month.
Since September 1, 2021, Texas law (Tex. Fam. Code § 153.3171) gives parents who live within 50 miles of the child the expanded standard possession times by default, unless the parent opts out or the court finds they are not in the child’s best interest. Expanded possession lets weekends begin when school lets out on Friday and end when school resumes on Monday.
| Feature | Standard Possession Order | Expanded Standard Possession Order |
| Who it applies to | Parents who opt out of expanded times, or when the court finds expanded times are not in the child’s best interest | Default for parents living within 50 miles of the child (§ 153.3171) |
| Weekends | 1st, 3rd, and 5th weekends: Friday 6 p.m. to Sunday 6 p.m. | 1st, 3rd, and 5th weekends: school dismissal Friday to school resumption Monday |
| Weeknight | Thursday, 6 p.m. to 8 p.m. during the school year | Thursday from school dismissal until school resumes Friday (overnight) |
| Summer | 30 days (with written notice by April 1) | 30 days (with written notice by April 1) |
| Holidays | Alternating Thanksgiving, winter break, and spring break; Mother’s Day and Father’s Day weekends | Same holiday rotation |
If the parents live more than 100 miles apart, the non-possessory parent can choose one weekend per month instead of the first, third, and fifth weekends, and receives every spring break and 42 days in the summer (Tex. Fam. Code § 153.313). For children under three, the standard schedule is not presumed; the court sets a schedule appropriate for the child’s age (§ 153.254).
Important Rules Every Texas Parent Should Know
A possessory parent cannot withhold court-ordered visitation because the other parent has not paid child support. Likewise, a parent cannot stop paying support because visitation was denied. The two obligations are separate.
Violating a conservatorship and possession order can result in contempt charges. Penalties can include fines of up to $500 per violation, up to six months in jail, make-up possession time, and an order to pay the other parent’s attorney’s fees. Learn how to enforce a custody order.
Finally, state law gives Texas parents equal custody rights regardless of gender. Texas Family Code § 153.003 prohibits courts from considering a parent’s sex or marital status when deciding conservatorship. Texas is not a “mother state.”
Child Custody in Texas Divorce vs. Custody for Unmarried Parents
In a child custody in Texas divorce case, conservatorship, possession, and child support are decided as part of the divorce decree. Married parents are both presumed to be the child’s legal parents, so the court can move directly to deciding what arrangement serves the child.
Unmarried parents follow a different path. A father who is not married to the mother has no court-enforceable custody rights until paternity is legally established, either through a signed Acknowledgment of Paternity or a court order. Once paternity is established, either parent can file a SAPCR asking the court to set conservatorship, possession, and support. Non-parents, such as grandparents, face stricter standing requirements; learn more about grandparents’ rights.
Modifying a Child Custody Order in Texas
Children grow and families change, and custody orders may need to change with family circumstances. To modify a Texas custody order, the parent requesting the change generally must show that the circumstances of the child or a parent have materially and substantially changed since the order was signed and that the modification is in the child’s best interest (Tex. Fam. Code § 156.101).
Common examples include a parent’s relocation, a change in the child’s needs, a parent’s new work schedule, or concerns about safety. If you want to change the parent who designates the primary residence within one year of the last order, you must file an affidavit showing a specific reason, such as danger to the child (§ 156.102). Read about the 2 ways to modify a Texas custody order or speak with a family law modification attorney.
FAQs
Who Usually Gets Custody of a Child in Texas?
In most cases, both parents are named joint managing conservators, because Texas law presumes shared decision-making is in the child’s best interest (Tex. Fam. Code § 153.131). One parent usually receives the exclusive right to designate the child’s primary residence, and the other parent receives court-ordered possession under a standard or expanded schedule. Texas courts cannot favor a parent based on gender.
At What Age Can a Child Choose Which Parent to Live With in Texas?
No child in Texas can make the final decision. Once a child is 12 or older, a judge must interview the child in chambers on a party’s request to learn which parent the child prefers as the primary residence, and may interview younger children (Tex. Fam. Code § 153.009). The child’s wishes are one factor, but the judge decides based on the child’s best interest.
What Is the Difference Between Conservatorship and Possession in Texas?
Conservatorship is the legal side of child custody in Texas: the right to make decisions about a child’s education, medical care, and residence. Possession and access is the physical side: the schedule that sets when the child is with each parent. A parent can share conservatorship equally while having less possession time, so the two are addressed separately in every custody order.
Can I Change a Child Custody Order After My Texas Divorce Is Final?
Yes. You can file a modification case asking the court to change conservatorship, possession, or support. You generally must prove that the circumstances of the child or a parent have materially and substantially changed since the order and that the change is in the child’s best interest (Tex. Fam. Code § 156.101). Requests within one year of the order require a supporting affidavit.
Can a Parent Refuse Visitation If Child Support Is Not Paid in Texas?
No. In Texas, child support and possession are separate obligations. A parent cannot deny court-ordered visitation because support is late or unpaid, and a parent cannot stop paying support because visitation was denied. Either violation can be enforced through the court, including contempt findings, fines, possible jail time, make-up possession time, and attorney’s fees.
Talk to a Round Rock Child Custody Lawyer
Every case involving child custody in Texas depends on its own facts, and the decisions made early in a case often shape the final order. Heinrich Christian, PLLC has worked exclusively on family law cases since 2005, helping parents in Round Rock and throughout Central Texas protect their relationships with their children through negotiation, mediation, and trial.
Call (512) 478-7466 or schedule a consultation with a Round Rock child custody lawyer to discuss your goals and next steps. Our office is located at 401 N. Lampasas Street, Round Rock, TX 78664.
