In Texas, the judge’s primary consideration is the best interest of the child, not which parent wants custody more or which parent earns more money. The law generally favors keeping both parents involved when it is safe and in the child’s best interest.
1. What the judge considers
A judge may consider:
- The child’s needs: Physical health, emotional well-being, education, and developmental needs.
- Each parent’s caregiving history: Who has been involved in daily care, school, medical appointments, and routines.
- Stability: Each parent’s home environment, availability, and plans for the child.
- Safety: Evidence of domestic violence, child abuse, neglect, substance misuse, or other risks.
- Co-parenting ability: Whether each parent can make decisions for the child and support a healthy relationship with the other parent.
- The child’s wishes: A child who is at least 12 can express a preference about which parent should have the exclusive right to determine their primary residence. The judge must consider the preference but is not required to follow it.
The judge considers the relevant evidence as a whole; no single factor automatically determines the outcome.
2. The three types of custody arrangements
Texas uses the legal term conservatorship for custody.
- Joint managing conservatorship
Common arrangement
Both parents share parental rights and responsibilities, although certain decision-making rights may belong exclusively to one parent. This does not automatically mean 50/50 parenting time.
- Sole managing conservatorship
One parent receives the exclusive right to make most major decisions. Courts may consider this when there is a compelling reason, such as family violence, abuse, or other evidence that joint conservatorship would not serve the child’s best interest.
- Possessory conservatorship
One parent has specified parenting time and access but may have fewer decision-making rights than the managing conservator.
3. How parenting time is decided
Texas courts often use a Standard Possession Order (SPO) as the starting point for visitation schedules. Depending on the circumstances, the schedule may include alternating weekends, certain weekday visits, holidays, and summer parenting time.
A court can order a different schedule, including equal parenting time, when appropriate. The child’s age, needs, school schedule, parents’ circumstances, distance between homes, and safety concerns can all matter.
4. What you should do during your divorce
If your divorce is already underway, we recommend that you:
- Keep a factual record of your involvement in your child’s daily care, school, medical appointments, and activities.
- Save relevant communications with your spouse and maintain copies of school and medical records.
- Develop a realistic parenting plan that prioritizes your child’s routine and well-being.
- Follow any existing court orders and avoid withholding court-ordered parenting time because of a dispute over child support.
- If you are concerned about abuse, violence, substance misuse, or the child’s safety, discuss those concerns with a family-law attorney promptly.
- If temporary custody arrangements are needed before the divorce is finalized, you can ask the court about temporary orders. You do not have to wait until the final divorce decree to address urgent parenting issues.
It is important that you understand your legal rights and consult a qualified Texas attorney for advice about your individual circumstances. An initial consultation can help you understand your rights, likely costs, and next steps. The lawyers and legal team at Tessmer Law Firm have the knowledge, expertise, and experience to help you navigate the divorce process from beginning to end (or, as we like to call it, a new beginning)
Disclaimer: This article provides general educational information and is not a substitute for legal advice.