Understanding Child Custody in Texas
Navigating child custody—officially called "conservatorship" under Texas law—is one of the most critical parts of family law in Texas. The court primarily focuses on the best interests of the child when determining how time and decision-making responsibilities should be divided between parents. If you're also estimating support obligations, our Texas Child Support Calculator and Texas Asset Division Calculator cover the related financial side of a Texas family law case, and our Texas FAQ page answers common cross-topic questions.
Joint vs. Sole Managing Conservatorship
Texas Family Code Chapter 153 starts from a strong presumption that both parents should be named Joint Managing Conservators (JMC). Under a JMC arrangement, both parents retain rights to participate in major decisions—medical care, education, and psychiatric treatment—even though one parent is usually designated as having the exclusive right to determine the child's primary residence. A judge will only deviate to Sole Managing Conservatorship (SMC), which removes the other parent's decision-making rights, when there is credible evidence of family violence, abuse, neglect, or a similar pattern that would endanger the child.
The Texas Standard Possession Order (SPO)
For parents living within 100 miles of each other, Texas law sets out a default visitation schedule called the Standard Possession Order. It typically grants the non-primary parent possession on the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating major holidays, and an extended period during the summer. Courts presume the SPO schedule is in the child's best interest, though parents can agree to—or a judge can order—a different schedule if circumstances call for it.
Geographic Restrictions
One of the most heavily litigated issues in Texas custody cases is the geographic restriction—a limit on the county or group of counties where the parent with the right to determine the child's residence can live with the child. Moving outside the restricted area without the other parent's agreement or a court order can constitute a violation of the custody order, even if the move is for a new job or to be closer to family.