Child Custody Laws in Texas 2026: Complete Guide

Texas uses different terminology than most states for child custody. Instead of "custody," Texas law refers to "conservatorship" (legal rights) and "possession and access" (physical time with the child). Understanding these concepts and how Texas courts make decisions is essential for parents navigating divorce or custody disputes.

Texas Child Custody Terminology

Texas Family Code uses specific legal terms:

Types of Conservatorship

Joint Managing Conservatorship (JMC)

Most Common Arrangement - Both parents share decision-making rights:

Exclusive Rights (Usually to One Parent):

• Right to designate child's primary residence
• Right to consent to medical, dental, and surgical treatment
• Right to consent to psychiatric and psychological treatment
• Right to receive child support

Shared Rights (Both Parents):

• Right to access medical, dental, psychological records
• Right to consult with physicians, dentists, psychologists
• Right to access educational records
• Right to attend school activities
• Right to be designated on emergency forms
• Right to consent to emergency medical treatment
• Right to manage estate if other parent unable

Sole Managing Conservatorship (SMC)

One parent has exclusive rights to make major decisions. The other parent becomes a "possessory conservator" with limited rights.

When Awarded: Courts presume JMC is best unless:

• History of family violence
• Substance abuse issues
• Child abuse or neglect
• Abandonment of child
• Significant mental health issues affecting parenting
• Evidence showing SMC is in child's best interest

Possessory Conservatorship

Typically the "noncustodial" parent with visitation rights but limited decision-making authority.

Possession and Access

Standard Possession Order (SPO)

Texas Family Code § 153.312 establishes the Standard Possession Order, which courts presume to be in the child's best interest:

For Parents Within 100 Miles

During the School Year:

• 1st, 3rd, and 5th Weekends: Friday 6pm to Sunday 6pm
• Thursday Evenings: 6pm to 8pm (on weeks without weekend possession)

During Summer Vacation:

• 30 Days Total: Possessory conservator chooses dates (must give 60 days notice by April 1)
• Can be one 30-day period or two separate periods
• Primary conservator can also designate one weekend during possessory conservator's summer time

Holidays (Alternating Each Year):

• Spring Break: Alternates yearly
• Thanksgiving: Thursday 6pm to Sunday 6pm
• Christmas (Even Years): December 26 at noon to December 28 at noon
• Christmas (Odd Years): Day after school dismisses at 6pm to December 26 at noon
• Child's Birthday: If not during regular possession, 6pm-8pm

For Parents Over 100 Miles Apart

Extended Distance Possession:

• 1st, 3rd, 5th Weekends: Only if parent travels to child's area
• OR Extended Weekend Once Per Month: Friday when school dismisses to Monday when school resumes
• Spring Break: Every year (not alternating)
• Summer: 42 days instead of 30 days
• Thanksgiving: Alternates yearly - Wednesday 6pm to Sunday 6pm

Expanded Standard Possession Order

Parents can agree to an Expanded SPO with additional time:

• Weekend possession from Thursday (or Friday after school) to Monday morning
• Additional midweek overnight visits
• More flexible summer schedules

Custom Possession Schedules

Courts can approve any schedule parents agree to, including:

• 50/50 Schedules: Week on/week off, 2-2-3, 2-2-5-5
• Nested Arrangements: Child stays in one home, parents rotate
• Modified Schedules: Adjusted for work schedules, distance, child's age

Best Interest of the Child

Texas Family Code § 153.002 requires courts to consider the best interest of the child as the primary consideration.

Factors Courts Consider

• Child's physical and emotional needs
• Physical and emotional danger to child
• Parenting abilities of each parent
• Stability of home environment
• Plans for the child's future
• Each parent's willingness to encourage relationship with other parent
• History of family violence
• Drug or alcohol abuse by either parent
• Child's wishes (if age 12 or older, can file preference)
• Each parent's ability to provide for child's needs
• Geographic proximity of parents' residences

What Courts Do NOT Consider

• Parent's gender (no preference for mothers over fathers)
• Parent's marital status
• Parent's sexual orientation (unless affects child's well-being)
• Disability alone (unless affects ability to care for child)

Child's Preference

Under Texas Family Code § 153.009:

• Age 12+: Child may file a written choice of managing conservator with the court
• Under 12: Court may interview child in chambers
• Judge is NOT bound by child's preference
• Judge considers maturity level and reasons for preference
• Preference from undue influence is disregarded

Geographic Restrictions

Courts often restrict where the primary conservator can establish the child's primary residence:

Common Restrictions

• County-Specific: Within [County Name] County and contiguous counties
• Distance-Based: Within 50 or 100 miles of other parent
• School District: Within specific school district boundaries

Relocation with Children

If geographic restriction exists, parent must either:

• Obtain written consent from other parent, OR
• File motion with court to modify restriction

Court considers:

• Reason for move
• Impact on child's relationship with other parent
• Educational and economic opportunities at new location
• Feasibility of modifying possession schedule
• Whether move is in child's best interest

Modifying Custody Orders

Standard for Modification

To modify conservatorship, you must show:

• Material and substantial change in circumstances of child or conservator, AND
• Modification is in best interest of child

When You Can File

• After 1 Year: Generally must wait 1 year after current order (TX Fam. Code § 156.101)
• Immediate Filing Allowed If:
  • Child's present environment endangers physical/emotional well-being
  • Primary conservator voluntarily relinquished care for at least 6 months
  • Primary conservator is in military deployment
  • Child age 12+ files written request to change conservator

Common Reasons for Modification

• Relocation of parent
• Remarriage affecting child's environment
• Change in child's needs (medical, educational)
• Parent's substance abuse or criminal activity
• Domestic violence concerns
• Child's preference changed (age 12+)
• Parent interfering with other parent's possession time

Enforcing Custody Orders

If Other Parent Violates Order

You can file for enforcement under Texas Family Code § 157:

• Contempt of Court: Other parent can face fines or jail time
• Make-up Possession Time: You receive additional time with child
• Attorney's Fees: Other parent may be ordered to pay your legal costs
• Modification: Repeated violations can result in modified conservatorship

Parental Kidnapping

Under Texas Penal Code § 25.03, it's a felony to:

• Take or retain a child in violation of court order
• Keep child beyond possession time with intent to deprive other parent
• Take child out of state without consent

Child Support Connection

Conservatorship and child support are separate but related:

• Parent without primary residence typically pays child support
• Even with 50/50 possession, parent with higher income may owe support
• Texas uses percentage of net income guidelines (20% for 1 child, 25% for 2, etc.)
• Cannot withhold possession/access due to unpaid child support
• Cannot refuse to pay child support due to denied possession

Grandparent Rights in Texas

Texas Family Code § 153.433 allows grandparents to request access (visitation) if:

• At least one biological parent has not had parental rights terminated, AND
• One of the following applies:
  • Parents are divorced
  • Parent has been incarcerated for at least 3 months
  • Parent has been found incompetent
  • Parent is deceased
  • Child has been abused or neglected
  • Child has lived with grandparent for at least 6 months

Important: Grandparents have the burden to prove visitation overcomes the presumption that parent acts in child's best interest.

Creating a Parenting Plan

A comprehensive parenting plan should address:

Decision-Making

• Education decisions (school choice, special education)
• Medical decisions (non-emergency treatment, therapy)
• Religious upbringing
• Extracurricular activities

Possession Schedule

• Regular school year schedule
• Summer vacation schedule
• Holiday and special occasion schedule
• Transportation arrangements and costs

Communication

• Phone/video call schedule with child
• Method of communication between parents
• How to handle schedule changes
• Information sharing (school, medical, activities)

Dispute Resolution

• Mediation requirement before court
• How to resolve disagreements

Frequently Asked Questions

Does Texas favor mothers in custody cases?

No. Texas law specifically prohibits considering the sex of a parent as a factor in custody determinations (TX Fam. Code § 153.003). Courts must consider only the best interest of the child. Historically, mothers were favored, but modern Texas law requires gender-neutral analysis.

What is the difference between JMC and 50/50 custody?

JMC (Joint Managing Conservatorship) refers to shared decision-making rights, not physical time. You can have JMC with a Standard Possession Order (about 35-45% time for noncustodial parent) or JMC with 50/50 possession time. They are separate concepts that can be combined differently.

Can I move out of state with my child?

Only if the court order does not include a geographic restriction AND you have the exclusive right to designate the child's primary residence. If there's a geographic restriction, you need the other parent's written consent or court approval to move beyond the restricted area.

How much does a custody case cost in Texas?

Uncontested cases with agreement can cost $1,500-$5,000 in attorney fees. Contested custody cases typically range from $5,000 to $30,000+, depending on complexity and trial length. Mediation is often required and costs $200-$400 per session (split between parents).

What if my ex won't follow the possession schedule?

File an enforcement action with the court. Keep detailed records of violations (dates, times, communications). The court can hold the other parent in contempt, order make-up possession time, require attorney's fees be paid, or modify the order. In extreme cases, violation can lead to jail time.