Determining Child Custody in Texas

If you are getting divorced or separating from your partner, you will have to determine how custody and visitation (possession and access) of your children will work. This process can seem overwhelming, but understanding how Texas courts approach child custody decisions can help ease your concerns.

Understanding Texas Child Custody Law

In Texas, the term "child custody" encompasses two key concepts: conservatorship (legal custody) and possession and access (physical custody). Texas family courts prioritize the best interests of the child when making custody determinations.

Types of Conservatorship

Joint Managing Conservatorship: This is the most common arrangement in Texas. Both parents share in making important decisions about the child's upbringing, including education, medical care, and religious training.

Sole Managing Conservatorship: One parent has the exclusive right to make major decisions about the child. This arrangement is less common and typically occurs when there are concerns about abuse, neglect, or one parent's inability to care for the child.

Factors Courts Consider

Texas courts consider numerous factors when determining child custody arrangements, including:

• The physical and emotional needs of the child
• Each parent's ability to meet the child's needs
• The stability of each parent's home environment
• Any history of family violence or substance abuse
• The child's preference (if age 12 or older)
• Each parent's willingness to foster the child's relationship with the other parent
• The child's adjustment to home, school, and community

Possession and Access Schedules

Even when parents share joint managing conservatorship, one parent typically has the right to establish the child's primary residence. Texas law provides standard possession orders that outline when each parent will have time with the child. These schedules can be modified by agreement or court order to meet the family's specific needs.

Getting Legal Help

Child custody matters can be complex and emotionally challenging. Having experienced legal assistance can help ensure your rights are protected and that your case is presented effectively to the court.