Child Custody in Texas
If you’re facing a custody issue in Texas, the road ahead may feel uncertain. You may be wondering how much control you’ll have over where your child lives, who makes the decisions, or even how often you’ll see them. These are deeply personal questions—and the answers can shape your family’s future.
That’s why understanding Texas custody laws is critical. The Texas Family Code uses the terms conservatorship and possession and access, which can sound more like legal jargon than matters of the heart. But don’t let the language fool you—these laws have real impact on your daily life.
If you’re ready to take the first step toward clarity and resolution, we’re here to help. Let us connect you with an experienced Texas custody lawyer who understands the system.
What Is Child Custody?
In Texas, child custody—legally referred to as conservatorship—determines which parent has the right to make decisions for a child and where that child will live. While many families are able to settle custody issues through mutual agreement or mediation, some cases do go before a judge.
Types of Child Custody Arrangements in Texas
In Texas, custody—again, formally called conservatorship—can take several forms: sole managing conservatorship, joint managing conservatorship, or possessory conservatorship. These arrangements determine how parenting duties and decision-making are divided.
Most custody disputes are resolved in District Courts in one of Texas’s 11 Administrative Judicial Regions.
What Is Full Custody?
In Texas, a full custody arrangement—often referred to as sole managing conservatorship—places most parenting responsibilities and decision-making authority with one parent. This parent is responsible for the child’s day-to-day care and makes key decisions involving education, healthcare, and religious upbringing. While the other parent may retain visitation rights, their legal authority is limited.
According to the Texas Office of the Attorney General, a sole managing conservator may be granted exclusive rights that the possessory conservator does not share, such as:
- Determining the child’s primary residence
- Consenting to invasive or non-emergency medical procedures
- Making choices about schooling and special education needs
- Receiving and managing child support payments
Even if one parent holds the majority of the rights, that doesn’t mean the other parent is cut out completely. Many families still maintain regular visitation schedules, weekend stays, or even informal joint involvement in certain decisions, depending on the court’s orders and the child’s needs.
What Is Sole Custody?
In Texas, there’s a clear legal difference between one parent having most of the parenting time and one parent being granted sole custody. If the court determines that a parent poses a risk to the child—due to instability, neglect, or endangerment—it can award sole managing conservatorship to the other parent.
In more serious cases, Texas courts may take the additional step of terminating a parent’s rights altogether. This is not done lightly and typically follows a criminal conviction or a finding that the parent is a danger to the child’s well-being. Examples include cases of physical abuse, sexual misconduct involving a minor, or ongoing substance abuse that places the child at risk.
What Is Joint Custody?
In Texas, joint custody—legally referred to as Joint Managing Conservatorship—means both parents share in the rights and responsibilities of raising their child. This doesn’t always translate into a perfectly even time split, but it does reflect a mutual commitment to the child’s upbringing.
Under Texas law, joint conservatorship comes with a set of shared duties. Each parent has the legal right to access medical, dental, psychological, and educational records. They also have the right to attend school functions and be informed about significant decisions affecting the child’s welfare.
However, joint custody doesn’t always mean equal time or equal authority. It’s common for one parent—often called the primary conservator—to be given the final say on major decisions, such as where the child lives or attends school. Even with joint managing rights in place, time-sharing often falls along a 60/40 or similar arrangement, depending on what the court sees as most stable and beneficial for the child.
The Factors Courts Consider When Making a Decision
In Texas, full custody—legally known as sole managing conservatorship—is typically granted when one parent cannot safely or effectively share parenting duties. This might be due to incarceration, unstable living conditions, substance abuse, or a history of domestic violence. When the court believes that joint involvement would pose a risk or create chaos for the child, it may give one parent full authority over decisions.
That said, many families in Texas do operate under joint custody agreements, where both parents play an active role in raising their child. This type of arrangement requires strong communication, mutual respect, and a willingness to collaborate. However, when cooperation breaks down or there’s ongoing tension, the court may assign one parent the majority of the parenting time to ensure a more stable and consistent environment.
In any joint custody setup, parents are expected to coordinate schedules, share responsibilities, and act in the best interest of their child. This can look different for every family. In high-conflict situations, the court might impose supervised visitation or designate public exchange locations.
The Basics of the Texas Child Custody Process
Custody disputes can take a toll on everyone involved, but they don’t always have to play out in court. In Texas, many parents find common ground without litigation—especially when guided by a skilled child custody lawyer. Even in cooperative splits, having legal support ensures that the final agreement is fair, enforceable, and truly protects the child’s best interests.
While Texas law doesn’t require mediation, courts frequently encourage it as a practical first step. Mediation offers a confidential space where both parents can work through differences with the help of a neutral facilitator. Judges may appoint a professional from the Texas Association of Mediators to oversee the process and promote a workable solution, especially in contested cases.
Work With an Experienced Texas Child Custody Lawyer
A custody dispute can feel overwhelming—especially when tension runs high between you and your co-parent. In Texas, working with a child custody attorney can bring clarity to a difficult situation.
Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Texas state lines.
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About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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