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Divorce is never easy—especially when children are involved. In Texas, child custody is one of the most emotionally charged and legally complex aspects of the divorce process. Understanding how custody is determined and what to expect can help you make informed decisions that protect your rights and your child’s well-being.
What Is “Custody” Called in Texas?
In Texas, the legal term for custody is “conservatorship.” There are two main types:
- Managing Conservatorship – The right to make decisions about the child’s education, medical care, and general welfare.
- Possessory Conservatorship – The right to spend time with the child (visitation), but without full decision-making authority.
Texas generally presumes that both parents should be named joint managing conservators unless there is evidence that such an arrangement would not be in the best interest of the child.
Joint vs. Sole Managing Conservatorship
- Joint Managing Conservatorship (JMC): This does not mean equal parenting time. Instead, both parents share decision-making responsibilities, although one parent may have the exclusive right to determine the child’s primary residence.
- Sole Managing Conservatorship (SMC): One parent has the exclusive right to make major decisions for the child. This may be ordered if the other parent has a history of family violence, substance abuse, neglect, or is otherwise unfit.
Factors the Court Considers
Texas courts are guided by the best interest of the child standard. Judges consider many factors, including:
- The child’s emotional and physical needs
- Each parent’s ability to care for the child
- Stability of each parent’s home
- The child’s preferences (usually if age 12 or older)
- Past behavior, including evidence of abuse, neglect, or domestic violence
Standard Possession Order (SPO)
If parents can’t agree on a schedule, the court may impose a Standard Possession Order (SPO). This typically gives the non-custodial parent visitation:
- On the 1st, 3rd, and 5th weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended time during summer break
Parents can agree to customized schedules that better suit their family’s needs, especially when they live far apart or have nontraditional work hours.
Modifying Custody Orders
Custody orders are not set in stone. A parent can request a modification if there’s been a material and substantial change in circumstances, such as:
- A parent relocating
- A change in the child’s needs
- A parent becoming unfit
- The child (age 12 or older) expressing a desire to live with the other parent
Courts still apply the “best interest of the child” test to any modifications.
Tips for Navigating Custody During Divorce
- Put your child’s needs first – Courts look favorably on parents who show a willingness to cooperate.
- Document everything – Communication, schedules, and incidents involving the other parent can be useful if disputes arise.
- Avoid putting your child in the middle – Shield them from adult conflict and legal matters.
- Hire an experienced family law attorney – Custody law is complex, and your rights—and your child’s future—depend on the outcome.
Final Thoughts
Child custody decisions during a Texas divorce can be stressful, but they are meant to support the well-being of the child. Whether you’re seeking joint custody, full custody, or need to challenge an existing order, working with a skilled family law attorney can make all the difference.
Need Help With a Custody Case in Texas?
If you’re facing a custody dispute or want to better understand your rights as a parent during divorce, our experienced legal team is here to help. Contact us for a consultation today.
