Texas Child Custody, Done With Your Kids in Mind
Custody is the part of a Texas family law case that matters most and changes the most lives. We approach it the way a parent would want their attorney to — practical about the law, protective of your role, and honest about what a court will and won’t do.
What Texas Calls Custody
Texas doesn’t actually use the word “custody” in its statutes. The legal terms are conservatorship (who makes the big decisions about a child) and possession and access (who has the child when). Most parents are named joint managing conservators, meaning both parents share decision-making authority — but that doesn’t necessarily mean equal time with the child.
Joint vs. Sole Conservatorship
Texas law presumes joint managing conservatorship is in a child’s best interest. That presumption can be overcome — usually when there’s a documented pattern of family violence, substance abuse, or other behavior that makes shared decision-making unsafe.
Sole managing conservatorship gives one parent the authority to decide on the child’s education, medical care, and primary residence. It’s harder to get than people think. Wanting more time, disliking your co-parent, or disagreeing about parenting style isn’t enough. The bar is real risk.
Possession Schedules
Texas has a Standard Possession Order that most cases use as a starting point. It generally gives the non-primary parent first, third, and fifth weekends, a midweek visit, alternating holidays, and extended summer time. There’s also an Expanded Standard Possession Order with longer weekends and overnight midweeks.
A 50/50 schedule is possible, but it isn’t the default and isn’t right for every family. The court looks at distance between homes, work schedules, the child’s school and activities, and what the parenting roles looked like during the marriage.
What Texas Courts Actually Look At
“Best interest of the child” is the legal standard, but it’s not a vibe — it’s a framework. The Holley factors (from a 1976 Texas Supreme Court case) give courts a checklist. The pieces that matter most in modern cases:
- Each parent’s actual involvement in day-to-day care during the marriage
- Stability — schools, home, routines, extended family nearby
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of family violence, substance abuse, or neglect
- The child’s preference, if the child is 12 or older and has been formally interviewed
Texas law is gender-neutral. There is no automatic edge for mothers or fathers.
Modifying Custody Later
Custody orders are not frozen forever. If circumstances have materially and substantially changed since the last order, a modification is possible. See our [link: /modifications] page for how that process works.
How We Handle Custody Cases
We start by understanding what your kids actually need and what role you’ve actually played. Then we build a parenting plan that reflects that reality — not a template. Most of our custody work resolves through mediation. When it has to be tried, we try it.
Book Your Free Case Evaluation
A real call with a real human. No pressure, no pitch — just a warm conversation about where you are and how we can help. We’ll listen first.
