Key Takeaways
- The best interest of the child is always the primary consideration in conservatorship, possession, and access.
- Texas presumes that appointing both parents as joint managing conservators is in the child’s best interest. A finding of family violence between the parents removes that presumption.
- Joint conservatorship does not require equal or nearly equal time with each parent.
- The standard possession order is presumed to be a reasonable minimum and in the child’s best interest, and it is designed for a child three or older.
- Credible evidence of abuse, neglect, or family violence can limit or bar a parent’s conservatorship and access.
Texas child custody turns on four standards that appear in the Family Code: best interest, the joint conservatorship presumption, safety limits, and the standard possession order. We explain each, then the steps a case follows, so you know what a judge applies before you walk in.
What Does Texas Child Custody Mean Under the Family Code?
The Family Code does not decide “custody” as one thing. It decides conservatorship, which is the set of parental rights and duties, and possession of and access to the child, which is the time schedule. Both are controlled by the child’s best interest. (Tex. Fam. Code § 153.002(a))
A court may appoint a sole managing conservator or joint managing conservators, and if the parents are or will be separated it must appoint at least one (Tex. Fam. Code § 153.005).
What Standard Controls Texas Child Custody Decisions?
The best interest of the child is always the primary consideration of the court. In a suit between a parent and a nonparent, Texas presumes a parent acts in the child’s best interest and that the child belongs in a parent’s care. The nonparent must overcome that presumption by clear and convincing evidence. (Tex. Fam. Code § 153.002(a)–(c))
The nonparent must prove that denying relief would significantly impair the child’s physical health or emotional development, and the court must state the supporting facts in its order (Tex. Fam. Code § 153.002(c)).
Does Texas Child Custody Favor Joint Managing Conservatorship?
Yes. Unless the court finds that appointing a parent or both parents would significantly impair the child’s physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed joint managing conservators. Joint appointment is presumed to be in the child’s best interest. (Tex. Fam. Code § 153.131)
A finding of a history of family violence involving the parents removes the joint-appointment presumption (Tex. Fam. Code § 153.131(b)).
When parents file a written agreed parenting plan, the court renders a joint appointment only if the plan meets the statutory requirements. It must designate who has the exclusive right to designate the child’s primary residence, be voluntarily and knowingly made, and be in the child’s best interest (Tex. Fam. Code § 153.133). Without an agreed plan, the court may order joint conservatorship only if it is in the child’s best interest, weighing statutory factors such as each parent’s ability to reach shared decisions and encourage the child’s relationship with the other parent (Tex. Fam. Code § 153.134(a)).
Does Joint Conservatorship Mean Equal Time in Texas?
No. Joint managing conservatorship does not require equal or nearly equal periods of physical possession and access for each conservator. The conservatorship label and the possession schedule are separate decisions. (Tex. Fam. Code § 153.135)
The court must specify which rights and duties each parent exercises independently, which they exercise by joint agreement, and which one parent holds exclusively (Tex. Fam. Code § 153.071). In a joint order the court designates the conservator with the exclusive right to determine the child’s primary residence and either sets a geographic area for that residence or specifies that no geographic limit applies (Tex. Fam. Code § 153.134(b)).
How Does Family Violence Change Texas Child Custody Orders?
The court must consider evidence of abusive physical force or sexual abuse in deciding conservatorship. It may not appoint joint managing conservators on credible evidence of a history or pattern of child neglect, or of physical or sexual abuse by one parent against the other parent, a spouse, or a child. (Tex. Fam. Code § 153.004(a), (b))
Access is restricted too. The court may not allow a parent access to a child when the evidence shows by a preponderance a history or pattern of family violence in the two years before filing or during the case. An exception allows access if the court finds it would not endanger the child and is in the child’s best interest, with a protective possession order that may require supervision or exchanges in a protective setting (Tex. Fam. Code § 153.004(d), (d-1)).
Credible evidence of a history of neglect, abuse, or family violence also creates a rebuttable presumption against unsupervised visitation (Tex. Fam. Code § 153.004(e)).
What Is the Standard Possession Order in Texas Child Custody Cases?
The standard possession order is the court’s default schedule for a child three or older. It is presumed to provide reasonable minimum possession and to be in the child’s best interest. When the possessory conservator lives 100 miles or less away, it includes weekends and Thursday evenings. (Tex. Fam. Code §§ 153.251–153.252, 153.312)
For a parent within 100 miles, the schedule gives the first, third, and fifth weekends, Friday at 6 p.m. to Sunday at 6 p.m., and Thursdays during the school term from 6 p.m. to 8 p.m. unless the court finds that Thursday visitation is not in the child’s best interest (Tex. Fam. Code § 153.312).
The court must order periods as similar as possible when the work schedule, special circumstances, or the child’s year-round school schedule make the standard order unworkable or inappropriate (Tex. Fam. Code § 153.253).
How Does a Texas Child Custody Case Work Step by Step?
A Texas child custody case moves through six steps: filing, deciding between an agreed plan and a contested hearing, applying the statutory factors, appointing conservators, setting possession, and entering an order that states the times and conditions.
- File the suit. In a divorce with children, the suit must include a suit affecting the parent-child relationship (§ 6.406(b)).
- Choose an agreed plan or a contested case. Parents may submit a written agreed parenting plan (§ 153.007).
- Court reviews an agreed plan. If it is in the child’s best interest, the court must render an order in accordance with it (§ 153.007(b)).
- Court applies the factors without an agreed plan. It weighs best interest, family violence history, and the joint conservatorship factors (§§ 153.004, 153.134).
- Appoint conservators. The court specifies the rights and duties of each (§ 153.006).
- Enter the order. It must state times and conditions for possession and access unless good cause is shown (§ 153.006(c)).
Texas Child Custody Attorney in Sugar Land and Houston
We handle Texas child custody cases for families in Fort Bend, Harris, Brazoria, and Montgomery Counties. The standards above apply statewide, and we prepare each case around the evidence they require. Read about our child custody and support services and our service areas, then schedule a consultation.
Texas Child Custody FAQ
At what age can a child choose in Texas child custody cases?
Texas sets no age at which a child chooses. For a child 12 or older, the court shall interview the child in chambers on a party’s application, and the preference is one factor in court-ordered joint conservatorship. The interview does not diminish the court’s discretion on best interest (Tex. Fam. Code §§ 153.009, 153.134(a)(6)).
Does Texas favor mothers in custody cases?
No. The court must consider the qualifications of the parties without regard to their marital status or the sex of the party or the child (Tex. Fam. Code § 153.003).
Can a parent be denied access to a child?
Yes, when the evidence requires it, such as proven family violence in the statutory two-year window. Otherwise the court shall appoint a parent who is not a managing conservator as possessory conservator unless access would endanger the child’s physical or emotional welfare. Any restriction may not exceed what is required to protect the child’s best interest (Tex. Fam. Code §§ 153.004(d), 153.191, 153.193).
What happens with a child under three years old?
The standard possession order is designed for a child three or older. For a younger child, the court renders an order appropriate under the circumstances, weighing factors such as caregiving history and the child’s need for continuity. It must also render a prospective order taking effect on the third birthday, which presumptively will be the standard possession order (Tex. Fam. Code §§ 153.251(d), 153.254).
Can parents agree on their own parenting plan?
Yes. Parents may enter a written agreed parenting plan covering conservatorship, possession, and variations from the standard possession order. If the court finds the plan is in the child’s best interest, it shall render an order in accordance with it (Tex. Fam. Code § 153.007).
Is Texas child custody different in Fort Bend, Harris, Brazoria, or Montgomery County?
The Family Code standards are the same statewide in every county we serve. Local court procedures and scheduling can differ, so we confirm the requirements of your court before anything is filed.
Audu Law Firm, PLLC — Texas Family Law
Phone: 832-780-9005
Website: https://www.audulawfirm.com
This content is for informational purposes only and does not establish an attorney-client relationship.
Legal References
- Tex. Fam. Code §§ 153.002–153.007, 153.009 (best interest, conservatorship, parenting plans)
- Tex. Fam. Code §§ 153.071, 153.131–153.135 (joint conservatorship)
- Tex. Fam. Code §§ 153.191, 153.193 (possessory conservator, restrictions)
- Tex. Fam. Code §§ 153.251–153.254, 153.312 (standard possession order)
- Tex. Fam. Code § 6.406 (divorce and suit affecting the parent-child relationship)
