Making decisions about your child’s future during a divorce or separation is never easy. In Texas, the law uses the terms “conservatorship” and “possession” rather than custody, and you’ll face important choices between joint and sole arrangements. The right custody arrangement depends on your family’s unique situation, but one constant remains: Texas courts always prioritize the best interests of the child.
Child Custody in Texas
Texas law approaches child custody differently from many other states. Instead of using traditional custody terminology, Texas Family Code Chapter 153 establishes a conservatorship system that defines specific parental rights, responsibilities, and possession of the children.
Child custody in Texas involves two key components: conservatorship and physical possession. Conservatorship refers to the right to make important decisions about your child’s upbringing, including education, healthcare, and religious training. Possession refers to where your child lives and who provides day-to-day care.
The state operates under a clear presumption: that appointing both parents as joint managing conservators is in the child’s best interest of the child. This presumption reflects Texas public policy to encourage frequent contact between a child and each parent.
Types of Custody Arrangements
Joint Managing Conservatorship and Possession
Joint managing conservatorship in Texas means both parents share the rights and duties of raising their child. This arrangement can take different forms depending on your family’s needs.
Joint managing conservatorship allows both parents to participate in major decisions affecting the child’s life. Even if one parent has the exclusive right to determine the child’s primary residence, both parents retain the ability to make decisions about education, medical care, and other significant matters. Joint managing conservatorship requires parents to communicate effectively and prioritize their child’s welfare above personal conflicts.
Joint managing conservatorship doesn’t necessarily mean that the child has equal time with each parent. Texas law specifically states that joint managing conservatorship does not require equal or nearly equal periods of physical possession. One parent typically has the right to establish the child’s primary residence, while the other parent receives a possession schedule that maintains meaningful contact with the child.
In joint custody arrangements, courts may designate which parent has the exclusive right to determine where the child primarily lives. This primary parent often has geographic restrictions on how far they can move the child’s residence without court approval, by agreement, or if the other parent moves away from the geographic area.
Sole Managing Conservatorship and Possession
Sole managing conservatorship grants one parent exclusive rights to make decisions about the child’s upbringing and typically establishes that parent as the primary caregiver. The parent appointed as sole managing conservator has all the rights and duties outlined in the Texas Family Code.
Sole managing conservatorship means only one parent has the authority to make major decisions about the child’s life, without input from the other parent. This includes decisions about education, healthcare, psychiatric treatment, and other substantial matters affecting the child’s welfare.
Sole managing conservatorship establishes the child’s primary residence with one parent. The custodial parent provides day-to-day care and supervision. Even when one parent has sole managing conservatorship, the other parent typically receives visitation, or possession, rights unless the court finds such access would endanger the child’s welfare.
Texas courts don’t grant sole managing conservatorship or possession lightly. The parent seeking sole managing conservatorship must demonstrate that joint managing conservatorship wouldn’t serve the interests of the child.
What Courts Consider When Determining Custody
When making custody and conservatorship decisions, Texas courts evaluate multiple factors. The child’s best interest remains the primary consideration in all child custody cases.
For joint managing conservatorship, courts examine whether each parent can encourage and accept a positive relationship between the child and the other parent. The court considers the geographical proximity of parents’ residences, each parent’s ability to give priority to the child’s welfare, and whether both parents participated in child rearing before the separation.
The court cannot discriminate based on a parent’s sex or marital status. Each parent’s qualifications receive equal consideration regardless of gender.
A history of domestic violence significantly impacts custody decisions. Texas law states that courts may not appoint joint managing conservators if credible evidence shows a history or pattern of past or present child neglect or physical or sexual abuse. Evidence of family violence creates a rebuttable presumption against appointing the abusive parent as sole managing conservator or granting that parent the right to determine the child’s primary residence.
Courts also consider each parent’s ability to provide a stable, loving environment for the child. This includes evaluating the physical, emotional, and economic circumstances of each parent.
For children 12 years and older, the court may interview the child in chambers to determine the child’s wishes regarding possession. For younger children, the court may conduct such interviews at its discretion, but such interviews are less likely to occur.
Possession and Conservatorship: Key Differences
Understanding the distinction between possession and conservatorship helps you grasp what a custody arrangement actually means for your family’s daily life.
Possession determines your child’s living arrangements and daily routine. In most joint managing conservatorshiparrangements, both parents share time with the child according to a possession schedule. In mostsole managing conservatorshiparrangements, the child lives primarily with one parent while the other parent exercises visitation, and that parent is typically referred to as a “possessory conservator.”
Conservatorship concerns decision-making authority. Parents with joint managing conservatorship typically must consult with each other before making major decisions about their child’s upbringing. This includes making educational decisions, consenting to medical procedures, and determining religious instruction. Sole managing conservatorship allows one parent to make these decisions independently.
Possession and conservatorship can be combined in different ways. For example, parents might have joint managing conservatorship, but the child might live primarily with one parent. This means that both parents share in decision-making regarding the child, but only one parent would have the majority possession of the child. Alternatively, a sole managing conservatorship arrangement might give one parent all decision-making power for the child, while the other parent receives only possessory rights.
Rights and Duties of Conservators
During periods of possession, all conservators have the duty to provide care, control, protection, and discipline within reason. They must provide the child with clothing, food, shelter, and necessary medical care.
The primary parent has certain exclusive rights under Texas law. These include, but are not limited to, the exclusive right to establish the child’s primary residence (often with geographic restrictions), the right to receive child support payments, and, if also the sole managing conservator, the exclusive right to consent to invasive medical procedures and make educational decisions.
The other parent, despite not having primary possession, still retains important rights and responsibilities. Unless limited by court order, the non-primary parent has the right to receive information about the child’s health, education, and welfare. They can access the child’s medical, dental, psychological, and educational records. They have the right to consult with doctors and school officials about their child. The other parent also has the duty to pay child support and maintain contact with the child according to the possession schedule.
Visitation Rights and Possession Schedules
When only one parent has primary custody, Texas law provides detailed guidelines for possession and access. The Standard Possession Order establishes a rebuttable presumption that it provides reasonable minimum possession and is in the best interest of the child.
For parents living within 100 miles of each other, the standard schedule typically includes:
- Possession on the first, third, and fifth weekends of each month
- Thursday evening visits during the school year
- Extended summer possession for 30 days
- Alternating holidays and spring break
When parents live more than 100 miles apart, the non-custodial parent generally receives one weekend per month, spring break, and extended summer possession of 42 days.
These visitation rights ensure that children maintain meaningful relationships with both parents. The court can modify the standard possession order based on the work schedules or other circumstances of the parents or child, but must explain any significant variations from the standard order.
Creating Your Custody Agreement
Texas law encourages parents to reach agreed parenting plans through collaboration rather than litigation. When parents develop their own custody agreement, they have more control over the specific terms that will govern their family’s future.
A comprehensive custody agreement should address:
- Which parent serves as managing conservator, or if the parents will be joint managing conservators
- Rights and duties of each parent
- The child’s primary residence and any geographic restrictions
- The possession schedule, including weekends, holidays, and summer periods
- Decision-making authority for education, healthcare, and other major issues
- Child support obligations
- Methods for resolving future disputes
The court will approve an agreed parenting plan if it finds the agreement is in the best interest of the child. Courts particularly favor agreements that minimize disruption to the child’s education, daily routine, and friendships.
If parents cannot reach an agreement, the court will make custody decisions after considering all relevant factors. Having legal representation helps protect your rights and ensures the final order serves your child’s best interest.
Modifying a Custody Order
Life circumstances change, and sometimes a custody arrangement needs to change too. Texas allows modification of custody orders, but requires showing a material and substantial change in circumstances or that the current arrangement has become unworkable.
To modify conservatorship, you must generally wait at least one year after the current order was signed, unless the child’s present circumstances significantly impair their physical health or emotional development. The court also considers whether the child is at least 12 years old and has expressed to the court a preference for the other parent to be the managing conservator.
Modifications can address changes in possession schedules, decision-making authority, or even change sole custody to joint custody (or vice versa) if circumstances warrant.
When Domestic Violence Is a Factor
Domestic violence impacts custody decisions in Texas. The law prioritizes the best interests of the child, including safety, above all other considerations.
If credible evidence shows a history or pattern of family violence, courts face strict limitations on custody arrangements. The courts consider evidence of intentional use of abusive physical force or sexual abuse.
Evidence of family violence removes the presumption favoring joint managing conservators. Instead, it creates a presumption that appointing the abusive parent as sole managing conservator or giving them the right to determine the child’s primary residence is not in the best interest of the child.
In cases involving family violence, the court may deny, restrict, or limit the abusive parent’s possession of the child. If the court allows access, it may require supervised visitation, protective exchanges in neutral locations, or completion of batterer intervention programs.
Parents who experienced family violence should document incidents, obtain protective orders when necessary, and work with an attorney who understands how to present this evidence effectively to the court.
The Child’s Welfare and Best Interests
Every custody decision in Texas must serve the best interests of the child. The “best interests” principle guides judges through even the most contentious custody disputes.
The child’s welfare encompasses physical safety, emotional well-being, and psychological health. Courts look beyond material provisions to consider which arrangement provides stability, nurtures development, and protects the child from harm.
For the child’s well-being, courts favor arrangements that maintain continuity in the child’s education, routine, and community connections. Sudden disruptions can harm a child’s development, so courts try to minimize unnecessary changes.
The child’s life benefits most from having frequent and continuing contact with both parents, assuming both parents act in the child’s best interest. This policy reflects research showing children thrive when they maintain strong relationships with both parents after separation.
As children grow older, their preferences carry more weight. Texas law allows courts to interview children 12 and older about possessory preferences, and judges may consider younger children’s wishes depending on their maturity.
Working with a Family Law Attorney
Making decisions about child custody is one of the most important things you’ll do as a parent. These choices affect your child’s daily life, education, healthcare, and emotional development for years to come. A family law attorney helps you understand your rights and options under Texas law. They can explain how courts in your jurisdiction typically handle cases similar to yours and what factors might influence your custody case.
Your attorney advocates for your interests while keeping the focus on what serves your child best. They help gather evidence, present your case effectively, and negotiate custody arrangements that work for your family.
Whether you’re seeking joint legal custody, joint physical custody, sole legal custody, or sole physical custody, having experienced legal counsel makes a significant difference in both the process and the outcome.
Moving Forward with Your Custody Case
The choice between joint or sole conservatorship shapes your family’s future. While the legal process can feel overwhelming, understanding Texas custody law helps you make informed decisions about your child’s welfare.
Remember that Texas courts presume joint conservatorship serves the best interest of most children. This presumption isn’t absolute, and circumstances involving domestic violence, substance abuse, or parental unfitness can overcome it. But in most cases, courts favor arrangements allowing both parents to remain actively involved in their child’s life.
Your custody arrangement should reflect your family’s unique situation. Consider your ability to communicate with the other parent, the proximity of your residences, your work schedules, and most importantly, what your child needs to thrive.
If you’re facing custody decisions in the Austin area, Thompson Salinas Londergan LLP can help. Our family law team understands that every family’s situation is unique, and we’re committed to finding solutions that protect your child’s welfare while preserving your parental rights. Contact us to discuss your custody case and learn how we can help you move forward.
