Child custody is often one of the most challenging and emotional aspects of divorce or separation. Understanding how child custody laws work in Texas can help you navigate the process and make informed decisions that are in your child’s best interest. Whether you’re a parent seeking custody or visitation, here are nine essential things to know about child custody in Texas.
1. Texas Refers to Custody as Conservatorship
In Texas, the term “custody” is legally referred to as conservatorship. Parents are called conservators, and there are two types:
- Joint Managing Conservatorship (JMC): Both parents share decision-making rights and responsibilities. This is the most common arrangement in Texas, as the courts generally believe that children benefit from having both parents involved in their lives.
- Sole Managing Conservatorship (SMC): One parent has the exclusive right to make significant decisions for the child, such as education, medical care, and residency.
The type of conservatorship granted will depend on what is in the child’s best interest.
2. The Best Interest of the Child is the Primary Standard
Texas courts prioritize the best interest of the child when determining custody arrangements. Factors considered include:
- The child’s physical and emotional needs
- Each parent’s ability to meet those needs
- The stability of each parent’s home environment
- The child’s preferences (if the child is over 12 years old)
- Any history of abuse, neglect, or domestic violence
Parents should focus on what benefits the child most, rather than their own personal preferences.
3. Visitation Rights Are Called Possession and Access
In Texas, visitation is referred to as possession and access. This refers to the time each parent spends with the child.
The Standard Possession Order (SPO) is the default schedule provided by Texas law, outlining when the noncustodial parent will have possession of the child. This schedule may vary depending on the child’s age, school calendar, and distance between the parents.
4. Texas Encourages Co-Parenting
Texas courts prefer arrangements that allow both parents to actively participate in their child’s upbringing. This is why joint managing conservatorship is common. However, joint conservatorship doesn’t necessarily mean equal time—it refers to shared decision-making, not a 50/50 possession schedule.
Parents are encouraged to work together to create a parenting plan that serves the child’s needs and promotes a healthy co-parenting relationship.
5. Child Custody Can Be Decided by Agreement or Court Order
Parents can reach a mutual agreement on custody and visitation arrangements, which can then be approved by the court. This is often the best option, as it reduces conflict and gives parents more control over the outcome.
If parents cannot agree, the court will determine custody and visitation arrangements based on the child’s best interest.
6. Children 12 and Older Can Express Their Preferences
In Texas, children aged 12 and older can express their preference for which parent they’d like to live with. While the court will consider the child’s preference, it is not the sole factor in the decision. The final custody arrangement will still be based on what is in the child’s best interest.
7. Modifications Are Possible but Require a Legal Process
Custody arrangements can be modified if there is a significant change in circumstances. Examples of changes that might warrant a modification include:
- A parent relocating
- A change in the child’s needs
- Evidence of abuse, neglect, or instability in the custodial parent’s home
To request a modification, you must file a petition with the court and demonstrate that the change is in the child’s best interest.
8. Relocating With a Child Requires Permission
If a custodial parent wants to move outside the geographic area specified in the custody order, they typically need either the other parent’s consent or the court’s approval. Relocations are often subject to strict scrutiny because they can significantly impact the noncustodial parent’s access to the child.
If you’re considering relocating, consult an attorney to ensure you follow Texas laws and avoid legal complications.
9. Legal Representation Can Make a Difference
Navigating child custody issues can be complex, and the stakes are high. Hiring an experienced family law attorney can help you understand your rights, negotiate agreements, and present a strong case in court if needed.
An attorney can assist with:
- Drafting or reviewing parenting plans
- Filing custody petitions
- Representing you in court
- Modifying existing custody orders
Conclusion
Child custody decisions in Texas are focused on the best interests of the child. By understanding the laws and your rights as a parent, you can work toward a custody arrangement that benefits everyone involved. Whether you’re pursuing joint custody, modifying an existing order, or resolving disputes, being informed is your greatest asset.
If you need help with a child custody case in Texas, don’t hesitate to reach out to a family law attorney who can provide guidance tailored to your unique situation.