How Texas decides custody (conservatorship)
Texas does not use the word custody in its statutes. It uses conservatorship — the bundle of rights and duties a parent holds — and possession and access, which is the schedule describing when each parent has the child.
Under Chapter 153 of the Texas Family Code, there is a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest. That presumption can be rebutted by evidence, including a history of family violence. Every conservatorship decision is measured against the best-interest standard.
Possession schedules and the Standard Possession Order
Texas law contains a Standard Possession Order that many courts use as the default schedule for children age three and older. It sets out first, third, and fifth weekends, a Thursday period, alternating holidays, and extended summer possession.
Parents may agree to a different schedule, and courts may order an expanded or modified schedule when the facts support it. Children under three are handled separately, with courts considering the child's developmental needs.
Child support under Chapter 154
Texas calculates guideline child support as a percentage of the obligor's net monthly resources — commonly 20% for one child, increasing by roughly 5% per additional child, subject to a statutory cap that is periodically adjusted.
Courts may vary from guideline support when applying it would be unjust or inappropriate. Medical and dental support for the child are ordered in addition to the base amount.
Modifying and enforcing existing orders
Chapter 156 allows modification when there has been a material and substantial change in circumstances since the last order, or under other statutory grounds. Chapter 157 governs enforcement, including contempt for missed support or denied possession.
Enforcement requires the underlying order to be specific enough to enforce by contempt — one reason precise drafting matters more than most people expect.
Key Texas terms
- Conservatorship: The legal rights and duties of a parent under the Texas Family Code — the Texas term for custody.
- SAPCR: Suit Affecting the Parent-Child Relationship — the case type used for custody, support, and related relief.
- Standard Possession Order: The default Texas visitation schedule set out by statute.
Frequently asked questions
Does Texas favor mothers in custody cases?
No. The Texas Family Code prohibits deciding conservatorship based on the sex of the parent. Courts apply the best-interest standard and the joint managing conservator presumption to both parents.
At what age can a child choose which parent to live with in Texas?
A child 12 or older may tell the judge their preference in chambers, and the court must interview the child on request in certain suits. The preference is one factor — it does not control the outcome.
How is child support calculated in Texas?
Guideline support is a percentage of the paying parent's net monthly resources under Texas Family Code Chapter 154, adjusted for the number of children before the court and other children the parent supports.