Child custody is one of the most emotionally complex aspects of any divorce or separation. In Texas, the law prioritizes the best interest of the child, but that can mean different things for different families. Whether you’re planning to co-parent or pursue sole custody, understanding the legal landscape can help you prepare and protect your rights.
Understanding Custody Terms in Texas
In Texas, child custody is referred to as “conservatorship.” Rather than labeling one parent a “custodian,” courts assign roles as joint managing conservators or sole managing conservators.
Here are the key terms:
- Managing Conservator: The parent who has the right to make decisions about the child’s education, health care, and upbringing.
- Possessory Conservator: The parent who has visitation rights and may share in decision-making but does not have primary control.
- Joint Managing Conservatorship (JMC): Both parents share rights and responsibilities. This is the most common arrangement.
- Sole Managing Conservatorship (SMC): One parent has the exclusive legal right to make major decisions for the child.
According to the Texas Family Code, “there is a rebuttable presumption that joint managing conservatorship is in the best interest of the child.” (“Texas Family Code § 153.131” 2024).
How Texas Courts Decide Custody
Texas courts use several factors to determine what’s in the best interest of the child. This standard is the guiding principle in all custody decisions.
Key Factors Include:
- The child’s physical and emotional needs
- Parental ability to make decisions and provide care
- The stability of each parent’s home
- History of domestic violence or abuse
- Parental involvement in the child’s life
- The child’s preference (typically considered if the child is 12 or older)
Judges aim to create a parenting structure that supports the child’s growth, well-being, and continuity in school and home life.
Types of Custody Arrangements
Texas allows for various custody setups, depending on what’s most appropriate for the child and the family’s circumstances.
1. Joint Managing Conservatorship (JMC)
- Parents share decision-making responsibilities
- May not always mean equal physical custody
- One parent is often named the “primary conservator” with the right to determine the child’s residence
2. Sole Managing Conservatorship (SMC)
- One parent makes most major decisions
- Often assigned when there are safety concerns or an extended absence by the other parent
3. Split or Bird’s Nest Custody
- In rare cases, children remain in one home while parents rotate in and out
- Used occasionally in transitional or high-conflict arrangements
What Is a Parenting Plan?
In most Texas custody cases, the court requires a parenting plan, a formal document that outlines how parents will share time and responsibilities.
A solid parenting plan includes:
- Physical custody schedule (weekdays, weekends, holidays)
- Decision-making protocols
- Communication agreements
- Relocation terms
- Conflict resolution process
Parents are encouraged to work together to create a parenting plan. If they cannot agree, the court will impose one based on the child’s needs.
Visitation Schedules and Standard Possession Orders
In Texas, the Standard Possession Order (SPO) outlines a typical visitation schedule for the non-custodial parent.
Common SPO schedule:
- 1st, 3rd, and 5th weekends of the month
- Thursday evenings during the school year
- Alternating holidays
- Extended time during summer
The court may adjust this schedule depending on the child’s age, school calendar, or parental availability.
“However, the child must have a permanent address for purposes of school and medical records. One parent’s home should be designated as the ‘primary residence’” (“Q &Amp; A: Joint Custody – Johnson &Amp; Johnson”).
Parental Rights and Responsibilities
Each parent, whether custodial or non-custodial, has certain rights unless otherwise restricted by court order.
Common parental rights include:
- Access to school and medical records
- Right to be notified in emergencies
- Right to participate in educational and extracurricular activities
- Right to consult with medical and educational providers
Can a Child Choose Which Parent to Live With?
Yes, but with conditions.
- Children aged 12 or older may express a preference in chambers with the judge
- However, the court is not required to follow the child’s wishes
- The judge will consider other factors, including the child’s best interest
5 Common Misunderstandings About Child Custody in Texas
- Custody always means 50/50 time — Not necessarily. Joint custody refers to shared decision-making, not always equal time.
- Mothers always get custody — Texas law treats both parents equally.
- Visitation depends on child support — These are separate legal issues.
- A parent can move with the child anytime — Relocation often requires legal approval.
- Verbal agreements are enough — A court order is more secure and enforceable.
How to Prepare for a Custody Case
If you’re entering a custody case in Texas, here are a few things you can do to prepare:
- Document everything — Keep records of communication, school involvement, and expenses
- Follow temporary orders — Comply fully with any court-issued rules
- Be respectful in co-parenting — The court values cooperation
- Engage consistently in your child’s life — Education, healthcare, and activities all count
- Draft a parenting plan early — Being proactive can help structure future discussions
Final Thoughts
Child custody in Texas focuses on protecting the child’s well-being and stability. Whether parents share responsibilities or one takes on a primary role, the court aims to create a structure that works in the child’s best interest.
Understanding your rights, responsibilities, and the legal process can help you make informed choices and prepare for what lies ahead.
Support for Custody Matters in Texas
At KGW Law Firm, we help parents across Texas navigate child custody, visitation, and family law matters. If you’re preparing for a custody case or need help with a parenting plan, we’re available to assist with care and respect for your family’s unique needs.
📍 Located in Richardson, Texas
📞 Contact KGW Law Firm today to discuss your child custody concerns.
Work Cited
“Texas Family Code § 153.131. Presumption That Parent to Be Appointed Managing Conservator.” FindLaw, 1 Jan. 2024, codes.findlaw.com/tx/family-code/fam-sect-153-131/.
“Q &Amp; A: Joint Custody – Johnson &Amp; Johnson.” Johnson & Johnson, 2 Aug. 2022, www.johnsonlawyers.net/child-joint-custody.