When parents separate or divorce in Texas, one of the most important and emotional topics is child custody. You’re not just figuring out where your child will live. You’re also deciding who makes decisions about their health, schooling, and daily life. Texas child custody laws can feel overwhelming at first, especially if you’re already going through a tough time. It is essential to understand your rights during this time.
Overview of Child Custody Laws in Texas
In Texas, you won’t often hear the word “custody” in legal paperwork. Instead, the law uses the term “conservatorship.” A conservator is a person who has rights and duties related to a child. There are different types of conservators, but every decision made by the court is supposed to support the best interest of the child.
Types of Conservatorship in Texas
There are several types of conservatorships in Texas. These include:
- Joint Managing Conservator – In most cases, courts prefer this arrangement. Both parents share the responsibility of making major decisions for the child. The court typically designates one parent as the primary residence.
- Sole Managing Conservator – If one parent has a history of abuse, neglect, or serious conflict, the court may grant full rights to one parent. This parent can make decisions without the other parent’s input.
- Possessory Conservator – This is usually the parent who doesn’t have decision-making power but still gets time with the child. Their rights are more limited than a managing conservator’s.
Each type of conservatorship affects how parents make decisions regarding schooling, healthcare, and other important matters.
How Custody Is Decided in Texas
Texas judges always consider what’s best for the child. This includes things like:
- Each parent’s involvement in the child’s life
- The home environment
- The child’s emotional and physical needs
- Any history of abuse or neglect
The court may also consider the child’s wishes, especially if they are at least 12 years old. While the child doesn’t make the final call, their voice does matter. If parents reach a child custody agreement, Texas courts often approve it if it supports the child’s well-being.
Visitation and Possession Schedules
Several types of visitation schedules are available. These include:
- Texas Standard Possession Order (SPO) – This is a default schedule that works well for many families. It usually includes weekends, holidays, and extended summer time with the non-primary parent.
- Custom or Modified Orders – Sometimes families need something different, like a split-week schedule or shared holidays. Courts allow flexibility as long as it works for the child.
- Supervised Visitation Texas – If one parent poses a risk, visits may happen under supervision. This can take place at a court-approved facility or with a neutral third party.
Texas courts expect both parents to follow the plan closely. That’s where child visitation rights in Texas come into play. They are clearly defined to reduce conflict.
Modifying an Existing Custody Order
Life changes. Parents move, switch jobs, or experience health issues. If a major change happens, you can request a new plan. To modify custody in Texas, you’ll need to prove that a material change has occurred since the last order and that the new arrangement would benefit the child. There are parenting plan requirements and paperwork that must be filed. Courts will review everything carefully, so it helps to work with a lawyer during this process.
What Happens If One Parent Violates a Custody Order
When one parent doesn’t follow the schedule, like skipping visits or keeping the child too long, it creates serious stress. However, you’re not powerless. Some things you should do include:
- Keep detailed records of each issue
- Try to resolve the problem peacefully if it is safe
- If it continues, you can ask the court to enforce the custody order
Texas courts can order make-up time and fines or even modify the original agreement to fix ongoing problems. If you’re dealing with the enforcement of custody orders, the sooner you act, the better.
Other Custody Situations
Custody in Texas can vary based on your situation. Unmarried fathers must establish paternity to gain rights. Some parents request a 50/50 time split, which courts may allow if both homes are stable. Non-custodial parents still have rights to time and information. Grandparents can seek visitation in limited cases. Physical custody means where the child lives; legal custody covers decision-making. Courts can divide these roles. Child support is usually paid by the non-primary parent and is separate from visitation. If parents can’t agree, a Texas custody hearing lets a judge decide what’s best for the child.
Speak With a Texas Child Custody Attorney Today
You don’t have to figure all of this out alone. Whether you’re facing a tough breakup, planning a new parenting schedule, or dealing with a parent not following court orders, a Texas child custody attorney at Higdon, Hardy & Zuflacht, L.L.P. is here for you. We’ll help you understand your rights and build a plan that puts your child first. Call us at (210) 349-9933 today for a confidential consultation.
