How is child custody decided in Texas?

Question

Accepted Answer

Texas child custody is governed by Title 5 of the Texas Family Code, Chapters 151-156.

1. Conservatorship — Texas Terminology

Managing Conservator — has the legal right to make decisions (analogous to legal custody).

Possessory Conservator — has visitation rights.

Conservatorship may be Joint Managing Conservatorship (JMC) or Sole Managing Conservatorship (SMC).

2. Joint Managing Conservatorship Presumption

Tex. Fam. Code § 153.131 creates a rebuttable presumption that appointing the parents as JMC is in the child's best interest. The presumption is removed when there is credible evidence of a history of family violence (§ 153.004).

3. Best Interest — Holley Factors

Texas applies the Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) factors:

Desires of the child.

Emotional and physical needs now and in the future.

Emotional and physical danger now and in the future.

Parental abilities of the individuals seeking custody.

Programs available to assist these individuals.

Plans for the child by individuals or agencies seeking custody.

Stability of the home or proposed placement.

Acts or omissions indicating an improper parent-child relationship.

Any excuse for the acts or omissions.

4. Child's Preference (Tex. Fam. Code § 153.009)

On application of any party, the court must interview a child age 12 or older in chambers regarding the right to designate the primary residence. The court may interview a child under 12 at its discretion. The child's preference is not binding.

5. Standard Possession Order

Tex. Fam. Code §§ 153.251-153.317 provide a Standard Possession Order presumed to be in the child's best interest for children age 3+. Includes the well-known 1st, 3rd, 5th weekends, Thursday evenings, and extended summer/holiday periods.

6. Parenting Plan Required

Every order in a suit affecting the parent-child relationship must include a parenting plan addressing rights and duties, residence, possession schedule, and decision-making (Tex. Fam. Code § 153.603).

7. Modification (Tex. Fam. Code § 156.101)

Requires a material and substantial change in circumstances since the prior order, AND modification must be in the child's best interest. A child age 12+ may file a preference (§ 156.101(a)(2)).

8. Relocation/Geographic Restrictions

Texas orders typically include a geographic restriction (often the county of residence and contiguous counties). Modification requires showing changed circumstances and best interest.

This is legal information, not legal advice.