Texas Child Custody

Texas Child Custody: Understanding the Basics

Decisions involving your children can be one of the most stressful parts of a divorce or separation. Parents often worry about where their children will live, how much time they will have with them, who will make important decisions, and how the changes in the family will affect the children.

Texas has specific laws for deciding these issues. The terminology can seem confusing at first, but the basic goal is straightforward: decisions concerning children are supposed to be based on the best interest of the child.

Understanding the basic process can help you know what to expect and what questions you may need to ask.

General Information — Not Legal Advice: This page provides general information about Texas family law. It is not legal advice for your particular situation and should not be relied upon as a substitute for speaking with an attorney. Texas law, court rules, local procedures, and the facts of each family are different. Reading this page or contacting Chase Jones Law does not create an attorney-client relationship.

Last reviewed: August 2026.

What Does “Child Custody” Mean in Texas?

Texas law generally uses the terms conservatorship and possession and access instead of simply using the word “custody.”

Conservatorship deals with the legal rights and responsibilities parents have concerning their children. These may include decisions about education, medical care, psychological care, and where a child will primarily live.

Possession and access generally refers to when the child will be with each parent.

These are related issues, but they are not the same. A parenting order may give each parent different rights while also establishing a schedule for when the child spends time with each parent.

Texas recognizes several types of conservatorship. For plain English explanations of terms such as Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator, see our Texas Family Law Terms guide.

How Does a Texas Court Decide What Is Best for a Child?

The best interest of the child is the court's primary consideration when deciding conservatorship and possession and access.

There is no single formula that applies to every family. A judge may consider many things, including:

• the emotional and physical needs of the child;

• the stability of each parent's home;

• each parent's involvement in caring for the child;

• each parent's ability to meet the child's needs;

• the relationship between the child and each parent;

• the child's age and circumstances;

• safety concerns;

• any history of abuse, neglect, or family violence; and

• other facts that may affect the child's well-being.

Texas courts sometimes refer to a group of considerations called the Holley factors when evaluating a child's best interest. They are not a rigid checklist, and every case depends on its own facts.

Does Texas Favor Mothers or Fathers?

No.

Texas law does not allow courts to decide conservatorship or possession based simply on whether a parent is the mother or the father.

The court is supposed to focus on the qualifications of the parents and what arrangement is in the child's best interest.

That means there is no rule that mothers automatically receive custody of young children or that fathers have fewer parental rights.

Does Joint Custody Mean Equal Parenting Time?

Not necessarily.

A custody order addresses much more than simply counting the number of nights a child spends with each parent.

Depending on the case, the order may determine:

• where the child will primarily live;

• whether the child's residence is limited to a particular geographic area;

• how educational decisions are made;

• how medical and psychological decisions are made;

• each parent's possession schedule;

• holidays and summer schedules;

• transportation responsibilities;

• child support; and

• medical and dental support.

Texas law also provides for a Standard Possession Order, but that does not mean every family must have exactly the same schedule. Parents can sometimes agree to a different arrangement, and courts may order another schedule when appropriate.

The goal should be a parenting arrangement that works for the child and the circumstances of the family.

Can a Child Choose Which Parent to Live With?

A child does not automatically get to choose where to live when the child turns 12.

In certain custody proceedings, a judge must interview a child who is 12 years old or older if a proper request is made. The judge may also interview a younger child.

The child can tell the judge about the child's wishes, but the child's preference does not decide the case by itself.

The judge must still determine what arrangement is in the child's best interest.

How Does a Texas Child Custody Case Begin?

When married parents divorce, issues involving the children are generally addressed as part of the divorce.

When the parents are not married, or when custody needs to be established outside of a divorce, the case is generally filed as a Suit Affecting the Parent-Child Relationship, often called a SAPCR.

A custody case may ask the court to establish orders concerning:

• conservatorship;

• possession and access;

• the child's primary residence;

• child support;

• medical and dental support; and

• other parental rights and responsibilities.

If the child recently lived in another state, determining which state has authority to make custody decisions can be more complicated. A parent should not assume that Texas has jurisdiction simply because one parent now lives here.

What Happens While the Case Is Pending?

Custody cases are not always resolved quickly, so families may need rules while the case is pending.

A court can enter Temporary Orders addressing issues such as:

• where the child will stay;

• each parent's possession and access;

• temporary conservatorship rights;

• child support;

• medical support;

• restrictions on moving the child; and

• other issues that need to be addressed before the case is finished.

Temporary orders are not automatically the final result of the case. However, they can affect the family for months while the case is pending, so a temporary orders hearing should be taken seriously.

Parents may also exchange information through discovery, negotiate through their attorneys, or attend mediation while the case is pending.

Do Parents Have to Follow the Standard Possession Schedule?

Not always.

The Texas Family Code contains possession schedules that courts commonly use, including the Standard Possession Order.

But families do not all have the same schedules, work demands, school arrangements, distances between homes, or children's needs.

Parents may sometimes agree to a different schedule. A court can also order a different arrangement when the evidence supports doing so.

The important question is not simply whether a schedule is “standard.” It is whether the parenting arrangement is appropriate for the child and complies with Texas law.

What If the Parents Reach an Agreement?

Parents can agree on many custody issues without asking a judge to decide every disagreement.

An agreement may address conservatorship, parenting time, where the child will live, decision making, child support, and other issues.

Some agreements are reached through negotiations between the parents and their attorneys. Others are reached through mediation.

Once an agreement becomes part of a court order, however, the parents are expected to follow it.

For that reason, it is important to think carefully about how an agreement will actually work before signing it. A parenting plan that sounds acceptable during negotiations may be difficult to live with if it does not account for school schedules, work schedules, transportation, holidays, travel, and the child's needs.

When Should I Speak With a Texas Child Custody Lawyer?

You do not have to wait until a custody dispute has become a crisis before getting legal advice.

It can be especially helpful to speak with an attorney when:

• there is no existing custody order;

• you are separating from your child's other parent;

• you have been served with a custody case;

• the other parent is refusing access to the child;

• one parent wants to move with the child;

• a temporary orders hearing has been scheduled;

• there are serious concerns about the child's safety;

• the child has recently moved from another state;

• the parents strongly disagree about where the child should live; or

• you are being asked to sign a custody agreement that you do not fully understand.

An early consultation can help you understand your rights, your options, and which issues actually need immediate attention.

Your Children Are More Than a Court Case

For parents, a custody case is rarely just another lawsuit.

It affects school mornings, birthdays, doctor's appointments, holidays, vacations, family traditions, and the ordinary time parents spend with their children.

It is understandable to feel protective of that relationship.

At Chase Jones Law, the goal is to understand what is happening in your family, explain the legal process clearly, and help you make informed decisions about what comes next.

Some cases can be resolved through careful negotiation. Others require mediation, temporary hearings, or trial. The approach should fit the family and the facts rather than treating every custody dispute the same way.

Talk With Chase Jones Law About a Texas Child Custody Matter

Chase Jones Law represents parents in selected Texas child custody and family law matters, with a primary focus on Harris County.

If you are separating from your child's other parent, establishing custody for the first time, involved in a divorce, or facing a dispute concerning your children, you can schedule a consultation to discuss your situation and determine whether Chase Jones Law can assist.

Texas: 832-543-4060

Legal Disclaimer: The information on this page is provided for general educational and informational purposes only. It is not intended as legal advice and does not create an attorney-client relationship. Texas law, court rules, and local procedures may change, and the application of the law depends on the facts of each case. Do not act or refrain from acting based solely on information contained on this website. If you need advice concerning your particular circumstances, consult a qualified attorney.