Child Custody in Texas

Overview of Texas Custody Law

Texas does not use the word “custody” in its family code. Instead, the state uses the term conservatorship to describe the legal relationship between a parent and child after separation or divorce. The parent with primary physical possession of the child is the managing conservator, and the parent with scheduled visitation time is the possessory conservator. Despite the different terminology, the underlying concepts are similar to custody and visitation in other states.

Texas custody law is governed by Texas Family Code Sections 153.001 through 153.317. All conservatorship decisions are guided by the best interest of the child, and the court has broad discretion to craft orders that fit each family’s circumstances.

Types of Conservatorship in Texas

Texas recognizes three conservatorship arrangements:

• Joint Managing Conservatorship (JMC) — Both parents share decision-making rights and duties. This is the most common arrangement and the statutory presumption. One parent is typically designated as the parent who determines the child’s primary residence.
• Sole Managing Conservatorship (SMC) — One parent has the exclusive right to make major decisions regarding the child. The other parent is named possessory conservator with visitation rights. Courts award sole managing conservatorship when joint management would not serve the child’s best interests, such as in cases involving family violence, neglect, or substance abuse.
• Possessory Conservatorship — The non-primary parent who has scheduled possession and access (visitation) with the child. A possessory conservator retains certain rights, including the right to access the child’s medical and educational records and to attend school activities.

For a broader explanation of custody types across states, see our guide on child custody laws explained.

The Joint Managing Conservatorship Presumption

Under Texas Family Code Section 153.131, there is a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest. This means the court will default to joint managing conservatorship unless there is evidence that it would not serve the child.

The presumption is automatically overcome when there is credible evidence of a history or pattern of family violence by one parent. In that situation, the court may not appoint the offending parent as a joint managing conservator unless it makes specific findings that doing so is in the child’s best interest and will not endanger the child’s physical health or emotional welfare.

Best Interests Factors

Texas Family Code Section 153.002 establishes that the best interest of the child is always the court’s primary consideration. While the statute does not enumerate a specific checklist, Texas courts rely on factors established by case law (notably the Holley v. Adams factors from 1976):

• The child’s emotional and physical needs, now and in the future
• Any emotional or physical danger to the child
• The parenting abilities of each person seeking conservatorship
• Programs available to assist the individuals in promoting the child’s best interest
• Plans for the child by each individual seeking conservatorship
• The stability of the proposed home environment
• Any acts or omissions by a parent indicating the existing parent-child relationship is not appropriate
• Any excuse for the acts or omissions of a parent

The court may also consider the child’s wishes, the relationship between each parent and the child, and each parent’s willingness to encourage a positive relationship with the other parent.

Child’s Preference

Under Texas Family Code Section 153.009, a child who is 12 years of age or older may express a preference to the court about which parent they wish to live with. The child does so through an in-chambers interview with the judge. A child’s preference is considered but is not binding — the court retains full discretion to determine what arrangement serves the child’s best interest.

For children younger than 12, the court may still interview the child but is not required to do so.

Standard Possession Order

Texas provides a default parenting time schedule known as the Standard Possession Order (SPO), outlined in Family Code Section 153.312. The SPO gives the possessory conservator the following time:

• First, third, and fifth weekends of each month (Friday evening through Sunday evening)
• Every Thursday evening during the school year
• Alternating holidays, including Thanksgiving, Christmas, and spring break
• Extended summer possession (30 days)

Parents who live more than 100 miles apart follow a modified schedule under Section 153.313 with fewer but longer visits. Parents are free to agree on a different schedule, but if they cannot agree, the SPO is the default the court will apply.

Mediation in Texas

Texas does not have a statewide mandatory mediation requirement for custody disputes. However, courts frequently order mediation before allowing a contested custody case to go to trial. Many Texas counties have local rules that effectively make mediation a standard step. Agreements reached in mediation are binding and enforceable as court orders once approved by the judge.

If mediation fails, the case proceeds to a temporary orders hearing or a final trial. For more on how courts resolve custody disputes, see our guide on how child custody is determined.

Relocation Rules

Texas law restricts the geographic area in which the child may reside by including a geographic restriction in most conservatorship orders. Typically, the order limits the child’s primary residence to a specific county (or contiguous counties). A parent who wants to move outside the restricted area must either obtain the other parent’s written consent or file a motion to modify the conservatorship order.

The court evaluates relocation requests under the same best interest standard, considering the reasons for the move, the impact on the child’s relationship with the non-moving parent, and the feasibility of a modified possession schedule.

Modification of Conservatorship Orders

A parent seeking to modify an existing conservatorship order must demonstrate that there has been a material and substantial change in circumstances since the date of the last order. Under Family Code Section 156.101, modification may also be appropriate if the child is 12 or older and expresses a preference for a different primary conservator, or if the conservator who has the right to designate the child’s primary residence has voluntarily given up actual care and possession of the child for six months or more.

The court applies the best interest standard when deciding any modification request.

When to Seek Legal Help

Texas conservatorship law uses unique terminology and has specific procedural requirements — including the Standard Possession Order, geographic restrictions, and the rebuttable JMC presumption — that can significantly affect the outcome of your case. If you are facing a contested custody situation, a relocation dispute, or a modification request, working with a Texas family law attorney is strongly recommended.

If you are unsure about your rights or next steps, consider scheduling a free consultation to discuss your situation with a qualified professional.