Child Custody and Visitation in Texas
Navigating child custody and visitation in Texas can be a challenging but essential part of ensuring your child’s well-being during family changes. In Texas family law, “custody” is referred to as “conservatorship,” which outlines the rights and responsibilities parents have in making decisions about their child’s life, such as education, healthcare, and religion. “Visitation” is called “possession and access,” which details the schedule for when each parent spends time with the child. The guiding principle in all cases is the “best interest of the child,” meaning courts prioritize the child’s safety, stability, emotional needs, and ongoing relationships with both parents.
Child Custody and Visitation in Texas: An Overview
The process differs depending on whether parents are married or unmarried. In a divorce, child custody is typically handled as part of the overall divorce proceedings under the Texas Family Code. This involves dividing marital property, determining child support, and establishing conservatorship and possession schedules all in one suit. Courts encourage parents to work together on a parenting plan, but if they can’t agree, a judge will decide based on factors like each parent’s ability to provide a stable environment, history of caregiving, and any evidence of family violence or abuse.
For unmarried parents, an original Suit Affecting the Parent-Child Relationship (SAPCR) is filed to establish paternity (if needed), conservatorship, possession, and child support. Paternity must be proven—often through DNA testing or voluntary acknowledgment—before custody can be addressed. This suit focuses solely on the parent-child issues without involving marital dissolution. Like in divorce cases, there’s a presumption that both parents should share conservatorship unless it’s not in the child’s best interest, and courts may order mediation to help parents reach an agreement.
Texas law presumes that frequent and continuing contact with both parents is beneficial, provided it’s safe. If you’re facing these issues, consulting a family law attorney can help tailor solutions to your family’s unique situation.
Joint vs. Sole Managing Conservatorship
In Texas, conservatorship determines who makes key decisions for the child. There are two main types: Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC).
JMC is the presumed default when both parents are fit and there’s no history of family violence, abuse, or other factors that could harm the child. Under JMC, parents share decision-making rights and duties, such as choosing the child’s school, consenting to medical treatments, or deciding on extracurricular activities. One parent is usually designated as the primary conservator with the exclusive right to determine the child’s primary residence, which may include a geographic restriction to keep the child in a certain area for stability. JMC promotes cooperation and equal involvement, but it requires parents to communicate effectively. If disputes arise, the court may include provisions for mediation or tie-breaking authority for one parent on specific issues.
SMC, on the other hand, gives one parent exclusive rights to make most major decisions without needing the other’s input. The other parent is typically appointed as a possessory conservator, retaining rights to information about the child’s health, education, and welfare, as well as scheduled possession time. SMC is often ordered if there’s evidence of family violence, sexual abuse, substance abuse, or abandonment that makes joint decision-making unsafe or impractical. For example, if one parent has a pattern of behavior that could impair the child’s physical or emotional development, the court may limit or supervise their involvement.
Ultimately, the choice between JMC and SMC hinges on the child’s best interest. Parents can agree to either in a parenting plan, but if contested, the court weighs factors like parental fitness, the child’s wishes (if 12 or older), and stability needs.
Possession and Access Orders and the Standard Possession Schedule
Possession and access orders spell out the parenting time schedule, ensuring both parents have meaningful time with the child while minimizing disruption. These orders can be customized, but Texas provides a Standard Possession Order (SPO) as a rebuttable presumption—meaning it’s assumed to be in the child’s best interest unless proven otherwise.
The SPO varies based on parents’ distance. If parents live 100 miles or less apart, the non-primary parent typically gets the child on the 1st, 3rd, and 5th weekends of the month (from 6 p.m. Friday to 6 p.m. Sunday), every Thursday evening (6-8 p.m. during the school year), alternating holidays (like Thanksgiving and Christmas split into parts), Mother’s/Father’s Day weekends, and extended summer possession (30 days with notice). For parents over 100 miles apart, weekend time may be reduced to one per month or every other weekend, with longer summer possession (42 days) to compensate.
Holidays and special days supersede regular weekends, and the order includes details on pickup/drop-off locations, travel arrangements, and makeup time for missed visits. For children under 3, courts consider developmental needs and may phase in the full SPO gradually.
A popular alternative is the “week on/week off” schedule, also known as a 50/50 possession arrangement. This isn’t the standard but can be ordered if parents agree or the court finds it serves the child’s best interest—such as when parents live close, have flexible schedules, and can cooperate seamlessly. In this setup, the child alternates weeks between homes, often starting Friday after school to align with weekends. It promotes equal time but requires strong co-parenting to avoid instability, like frequent school transitions. Courts may approve it in low-conflict cases, but it’s not presumed; factors like the child’s age, routine, and adjustment are key.
If the SPO doesn’t fit your situation (e.g., due to work shifts or special needs), you can request a modified order with written reasons from the court.Weigh factors like timeline and emotional support when deciding.
Custody Evaluations in Texas
When custody disputes are complex or contested, Texas courts may order a child custody evaluation (formerly called a social study) to gather objective insights into the child’s best interest. This is a thorough assessment conducted by a qualified evaluator—typically a licensed social worker, psychologist, or counselor with specialized training in family dynamics and child development.
The process starts with a court order specifying the issues to evaluate, such as conservatorship, possession, or residence. The evaluator interviews the child (if age 4 or older, in a developmentally appropriate way), parents, siblings, teachers, doctors, and other relevant people. They observe parent-child interactions, review records (medical, school, criminal), and may visit homes or conduct psychological testing if needed. If family violence or mental health concerns arise, additional referrals or safety measures are included.
The evaluator prepares a detailed report with findings, opinions, and recommendations, which is shared with the court, parents, and attorneys. This isn’t binding but heavily influences the judge’s decision. Evaluations cost money (paid by parents or allocated by the court) and take time, often 3-6 months.
They’re common in high-conflict cases, like those involving abuse allegations or relocation disputes, but not routine. If ordered, cooperation is crucial—non-compliance can harm your case. The goal is to provide a neutral view to help the court prioritize the child’s safety and well-being.
The Role of a Child’s Preference in Texas Custody Cases (Age 12 and Older)
In Texas custody proceedings, children aged 12 and older have a voice in the process, but their preferences are not decisive. Under Texas Family Code § 153.009, upon request by a party, the amicus attorney, or the attorney ad litem for the child, the court must interview the child in chambers to ascertain their wishes regarding conservatorship (decision-making rights) or the parent with the exclusive right to determine their primary residence. The court may also interview the child on issues of possession and access. However, this interview does not limit the court’s discretion; the overriding factor remains the child’s best interest, considering elements like stability, parental fitness, and safety. For children under 12, interviews are discretionary.
In modification suits, Texas Family Code § 156.101 provides grounds for changing an existing order if the child, aged 12 or older, expresses a preference in chambers for a different parent to designate their primary residence, provided it’s in their best interest and circumstances have materially changed. This allows older children to influence potential changes, such as switching primary homes.Case law reinforces that a child’s preference is influential but not binding. For instance, in a 2024 appellate decision, the court affirmed a custody modification appointing the father as primary conservator despite the child’s stated desire to live with the mother, citing evidence of material changes and the child’s best interest overriding the preference. Similarly, the Texas Supreme Court in In the Interest of C.E.M.-K. (2023) clarified procedural aspects of child interviews, emphasizing that in non-jury trials, judges can conduct these privately, but the child’s wishes must align with broader best-interest factors. Courts weigh maturity, potential manipulation, and overall welfare, ensuring decisions prioritize long-term well-being over immediate desires.hts can delay finalization.