Understanding Child Custody in Texas: What Every Parent Needs to Know

If you're navigating divorce or separation in Texas, understanding how child custody works is critical to protecting your relationship with your children. After 15 years as a credentialed mediator and Guardian ad Litem in Texas, I've seen how confusion about custody law leads to unnecessary conflict and expensive mistakes.

Texas Doesn't Use "Custody" Anymore

Here's the first thing that surprises most parents: Texas courts don't actually use the term "custody." Instead, Texas law refers to "conservatorship" and "possession and access."

Conservatorship determines who makes major decisions about your child's life—education, medical care, religious upbringing, and where they live.

Possession and access covers the actual time each parent spends with the child, including weekends, holidays, and summer schedules.

Joint Managing Conservatorship is the Standard

In most cases, Texas courts favor Joint Managing Conservatorship (JMC), where both parents share decision-making responsibilities. This doesn't necessarily mean equal time with the children—it means both parents have a say in major life decisions.

One parent is typically designated as the parent who determines the child's primary residence. This matters for school district purposes and often influences the possession schedule.

The Standard Possession Order

Texas has a default visitation schedule called the Standard Possession Order (SPO). For parents living within 100 miles of each other, this typically means:

• First, third, and fifth weekends of each month for the non-primary parent

• Thursday evening visits during the school year

• Extended time during summer and holidays

• Split holiday schedule

Many parents assume this is mandatory, but it's not. The SPO is simply a starting point. Parents can—and often should—create custom schedules that work better for their family's specific needs.

What Texas Courts Actually Care About

When making custody decisions, Texas judges focus on one thing above all: the best interest of the child. This includes:

• Each parent's ability to provide a stable home

• The child's emotional and physical needs

• Any history of family violence or substance abuse

• Each parent's willingness to support the child's relationship with the other parent

• The child's preference (if they're 12 or older)

That last point is crucial and often misunderstood. Courts will consider what older children want, but it's not the only factor. A 12-year-old's preference matters, but it doesn't automatically determine the outcome.

Sole Managing Conservatorship

While Joint Managing Conservatorship is the norm, Texas courts will grant Sole Managing Conservatorship when:

• There's a history of family violence

• Substance abuse issues exist

• One parent has abandoned the child

• Joint conservatorship would harm the child's wellbeing

Sole conservatorship gives one parent exclusive decision-making authority and often significantly limits the other parent's access to the child.

The Reality of High-Conflict Cases

Here's what I tell parents in my Austin office: The more you fight in court, the less control you have over the outcome. A judge who meets your family for the first time will make decisions that affect your children for years.

Professional mediation allows you to craft solutions that work for your unique situation. You maintain control, save significant money, and—most importantly—model healthy conflict resolution for your children.

Geographic Restrictions

Texas courts often impose geographic restrictions that limit how far the primary parent can move with the child. This protects the other parent's relationship with the child and maintains stability.

These restrictions can be modified through agreement or court order, but they're designed to prevent one parent from unilaterally relocating and disrupting the child's life.

Modifying Custody Orders

Life changes, and Texas law recognizes this. You can modify custody orders when:

• Circumstances have materially and substantially changed

• The child is at least 12 and wants to change primary residence

• The custodial parent voluntarily relinquishes primary care for at least six months

Modifications require going back to court unless both parents agree to changes, which is another area where mediation proves valuable.

What You Should Do Now

If you're facing custody issues in Texas:

Don't make assumptions. What worked for your friend's divorce might not apply to your situation.

Document everything. Keep records of your involvement in your children's lives—school events, medical appointments, daily care.

Consider mediation first. You'll save time, money, and emotional energy while maintaining more control over the outcome.

Focus on your children. Courts reward parents who prioritize their children's wellbeing over winning against their ex.

Get Professional Guidance

Texas child custody law is more nuanced than most parents realize. As a credentialed mediator and Guardian ad Litem with extensive experience in Austin family courts, I help parents navigate these complexities while protecting their relationships with their children.

Whether you're just starting the divorce process or dealing with ongoing custody disputes, professional guidance can make the difference between years of conflict and a sustainable co-parenting relationship.

Ready to discuss your situation? Contact me at 512-200-3444 or info@timeshareyourkid.com for a consultation.