Understanding How Child Custody Works in Texas Courts
For parents in Texas, going through a divorce or a separation can be especially stressful. You will need to work out custody as part of your case. At John Powell, we are well-versed in the Texas child custody laws. Our team wants to make sure parents know their rights. Our child custody attorney provides guidance on how custody works in Texas.
Child Custody Terms to Know
To start, it is helpful to know that Texas does not use the term “custody.” Instead, the Texas Family Code uses the term “conservatorship” to describe parental rights and responsibilities. There are two primary forms of conservatorships in Texas family law cases:
- Joint Managing Conservatorship (JMC): A Joint Managing Conservatorship gives both parents shared rights and duties for major decisions involving the child, such as education and medical care. Time with the child is not necessarily equal, but both parents retain meaningful legal authority unless the court limits specific rights. It is effectively shared legal custody.
- Sole Managing Conservatorship (SMC): A Sole Managing Conservatorship gives one parent primary decision-making authority, including exclusive rights over major issues like medical treatment, schooling, and psychological care. Courts award SMC when joint decision-making would not be in the child’s best interests. It is effectively sole legal custody.
The other key term parents need to understand is “possession and access.” The Texas Family Code provides a Standard Possession Order (SPO) under § 153.312. Many families follow this schedule, but courts have broad discretion to modify it when a child is younger than three, when parents live far apart, or when the child’s needs require a customized plan.
Courts Use the Best Interests of the Child as the Standard
What is best for the child is the primary consideration in a Texas custody case. Our state operates under the best interests of the child standard (Tex. Fam. Code § 153.002). The statute directs courts to evaluate all circumstances affecting the child’s physical safety, emotional development, educational stability, and long-term well-being. Texas courts often reference the Holley factors, which include the child’s needs, parental abilities, history of caregiving, stability of the home environment, and whether a parent has a history of violence, neglect, or substance abuse.
No single factor is controlling. In a Texas child custody case, courts weigh the totality of the circumstances and decide which arrangement most effectively promotes the child’s development. The best-interests inquiry focuses on evidence, not parental preference. In addition to other factors, Texas courts review school records, medical documentation, communication patterns, work schedules, and testimony from teachers or caregivers. If there are allegations of domestic violence, substance abuse, or parental conflict, courts may require evaluations or impose temporary orders.
Speak to Our Child Custody Lawyer Today
At John Powell, our Pearland child custody attorney provides solutions-focused guidance and support to parents. If you have any questions about child custody laws, we can help. Contact us today for a fully confidential, no obligation initial consultation. From our Pearland law office, we handle custody cases throughout Texas.