Child Custody in Texas: Conservatorship and Visitation

Texas law does not use the word “custody” in its statutes. Instead, the Texas Family Code talks about conservatorship (the rights and duties of each parent) and possession and access (the schedule for when each parent has the child). In every case, the court’s primary consideration is the best interest of the child (Texas Family Code §153.002).

Joint vs. Sole Managing Conservatorship

Texas presumes that appointing both parents as joint managing conservators is in the child’s best interest, unless the court finds otherwise, for example because of family violence (§153.131). Joint conservatorship means parents share rights and duties, but it does not automatically mean equal time. One parent is usually given the exclusive right to decide the child’s primary residence, often within a geographic area such as a county.

A parent may be named sole managing conservator when joint conservatorship would not be in the child’s best interest. The other parent is then usually a possessory conservator with a visitation schedule.

The Standard Possession Order

When parents live 100 miles or less apart, the Texas Standard Possession Order (§153.312) generally gives the parent who does not have primary residence:

The first, third and fifth weekends of each month, from Friday at 6 p.m. to Sunday at 6 p.m.
Thursday evenings during the school year, from 6 p.m. to 8 p.m.
Alternating holidays, including spring break and Thanksgiving, and part of the winter break
An extended summer period, generally 30 days with timely written notice

Parents can elect alternative beginning and ending times, such as picking the child up from school (§153.317), and they can agree to a different schedule entirely if the court approves. Different rules apply when parents live more than 100 miles apart and for children under three.

Factors Courts Consider

Judges look at the whole picture, including:

Each parent’s involvement in the child’s daily life, school and health care
Stability of each home
The child’s emotional and physical needs
Each parent’s ability to support the child’s relationship with the other parent
Any history of family violence, abuse or neglect
The child’s wishes. A child 12 or older may be interviewed by the judge in chambers when a party asks (§153.009), but the child does not decide.

How a Custody Case Works

Filing a petition (part of a divorce, or a separate suit affecting the parent-child relationship)
Temporary orders for the time while the case is pending
Information gathering and, in some cases, a home study or amicus attorney
Mediation, which most Texas courts require before trial
Final agreement or trial, and a final order

Child Custody FAQ

Does Texas favor mothers over fathers?

No. The law does not favor either parent based on gender. The focus is the child’s best interest.

Can I move with my child to another city?

Many orders include a geographic restriction. Moving outside the restricted area usually requires the other parent’s agreement or a court order.

Can custody orders be changed later?

Yes, if the legal requirements are met. See modifying custody and child support orders.

Is child support connected to visitation?

No. A parent cannot withhold visitation because support was not paid, and a parent must pay support even if visitation is not happening.

Related Family Law Pages

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General information, not legal advice. Family law outcomes depend on the facts of each case, and past results do not guarantee a similar outcome.

Last updated: November 2026.