Texas Custody & Parenting Time Laws
This page provides an educational overview of Texas’s legal framework for child custody, conservatorship, and parenting time.
It explains major concepts such as joint managing conservatorship, possession and access, Standard Possession Orders (SPO), and how Texas courts determine the child’s best interests.
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This is not legal advice. Every case is unique. Consult a licensed Texas family law attorney for guidance on your specific situation.
Paternity & Parental Rights in Texas
For unmarried parents, establishing legal paternity is the first step in gaining parental rights. A father becomes the legal parent either by signing an Acknowledgment of Paternity (AOP) or through a court-ordered paternity determination. Until paternity is legally established, the mother has default rights, including decision-making authority and the ability to determine the child’s residence.
Once paternity is confirmed, the court can issue orders for conservatorship, possession and access, child support, and a detailed parenting plan. Establishing paternity is required before Texas courts can create or enforce custody and parenting time arrangements.
Best Interest of the Child Standard
All custody, conservatorship, and possession decisions in Texas are governed by the Best Interest of the Child standard. This principle guides the court’s choices about decision-making authority, parenting time schedules, and how parental rights and duties are allocated. Texas courts follow the Holley factors (from the landmark case Holley v. Adams) as well as additional considerations in the Texas Family Code.
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When determining what arrangement best serves a child’s needs, Texas courts typically evaluate:
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Physical and emotional needs of the child, now and in the future
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Each parent’s involvement and history of caregiving
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Stability of each home, including routines, safety, and environment
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Ability of each parent to co-parent, communicate, and support the child’s relationship with the other parent
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Any history of family violence, abuse, neglect, or substance use
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Child’s preferences, typically considered more strongly around age 12 and older
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Parental ability to provide structure, guidance, discipline, and emotional support
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Each parent’s mental and physical health, as it relates to caregiving
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Continuity of the child’s school, activities, and community
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Distance between households, and the practicality of the parenting schedule
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No single factor controls the outcome. Courts weigh the totality of circumstances to create orders that promote stability, healthy relationships, and consistent care. The overarching goal is to support the child’s long-term well-being and maintain strong relationships with both parents whenever safe and appropriate.
Conservatorship & Possession (Physical Custody)
Texas divides custody into two parts: conservatorship (legal decision-making) and possession and access (physical care and parenting time). In most cases, parents are appointed Joint Managing Conservators, meaning they share major rights and duties, even if one parent has more physical time. Parenting time is structured through a possession schedule, often based on the Standard Possession Order (SPO), the Expanded SPO, or a customized plan that better fits the child’s needs.
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These schedules outline when the child is with each parent, how exchanges occur, how weekends, weekdays, holidays, and summers are divided, and any rules that support stability and communication. Courts focus on creating a consistent routine that supports the child’s well-being while allowing frequent, meaningful contact with both parents whenever safe and appropriate.
Decision Making Rights & Duties
Texas refers to legal decision-making and parental authority as “rights and duties of conservatorship.” When parents are appointed Joint Managing Conservators (JMCs)—the most common arrangement—they share many major rights and responsibilities, even if one parent has more physical time with the child. These rights can be assigned in three ways: joint, independent, or exclusive, depending on what the court determines is in the child’s best interest.
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Key areas of parental rights and duties include:
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Medical decisions, including consent for treatment and access to health records
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Educational decisions, such as school choice, enrollment, and participation in programs
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Psychological and mental-health care decisions
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Access to school, medical, and counseling information
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Right to be informed of significant events involving the child
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Right to consult with the other parent before major decisions (when ordered)
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Duty to provide care, protection, and discipline
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Duty to support the child financially, which is addressed separately through child support orders
In many cases, Texas courts require parents to consult one another on major issues, even when the final decision rests with one parent. Courts aim to create a decision-making structure that supports cooperation, transparency, and consistency in the child’s life.
Court Expectations
Texas family courts expect parents to demonstrate responsibility, cooperation, and a child-focused approach throughout the custody process. Judges look for parents who can maintain stable routines, communicate respectfully, and support the child’s relationship with the other parent. Consistency, reliability, and involvement in the child’s daily life carry significant weight in Texas conservatorship and possession decisions.
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Parents can strengthen their position by:
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Following all temporary orders and showing reliability in schedules
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Maintaining consistent involvement in school, medical appointments, and activities
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Communicating respectfully and avoiding hostile or inflammatory messages
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Supporting the child’s relationship with the other parent
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Documenting important information, such as exchanges, missed visits, or concerns about safety
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Demonstrating problem-solving skills when disagreements arise
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Protecting the child from conflict, criticism, or inappropriate adult issues
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Being punctual for exchanges and managing responsibilities dependably
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Staying organized with school, health, and extracurricular information
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Showing willingness to co-parent, including reasonable flexibility when appropriate
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Courts look unfavorably on parents who engage in gatekeeping, high conflict, or patterns that undermine the child’s bond with the other parent. Texas judges prioritize stability, cooperation, and a parenting environment that supports the child’s well-being across both households.
Parenting Plans
In Texas, parenting arrangements for minor children are established through court orders that define conservatorship, possession and access, and each parent’s rights and duties. These orders serve the same role that many parents think of as a “parenting plan,” even though Texas uses different legal terminology.
A Texas parenting arrangement typically includes:
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Possession and access schedule (Standard Possession Order, Expanded SPO, or a custom schedule)
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Decision-making rights and duties of each conservator
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Communication expectations between parents and with the child
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Coordination of school, childcare, and extracurricular activities
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Holiday, vacation, and summer schedules
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Exchange logistics and transportation arrangements
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Safety provisions or restrictions, if necessary
Together, these components form a comprehensive parenting structure that guides how Texas parents share responsibilities and time with their children, whether by agreement or court order.
Creating a Parenting Plan
Parents are encouraged to work together to create a parenting plan that reflects their child’s needs and supports stable routines across both homes. In Texas, a parenting plan is typically formalized through court orders that outline conservatorship, possession and access, and the rights and duties of each parent. When parents reach an agreement, courts usually approve it as long as it serves the child’s best interest.
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A strong Texas parenting plan should address:
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Weekly possession schedule (SPO, Expanded SPO, or custom schedule)
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Holiday, vacation, and summer arrangements
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Decision-making rights and duties, including how joint or exclusive decisions are handled
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Communication expectations between parents and with the child
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Guidelines for exchanges, including transportation and locations
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School, childcare, and extracurricular involvement
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Health care responsibilities, including medical, dental, and psychological care
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Use of technology for communication (video calls, messaging, etc.)
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Methods for resolving disputes, such as mediation
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Any necessary safety or supervision provisions
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When parents cannot agree, the court will create a plan based on evidence, the child’s developmental needs, and best-interest factors. Thoughtful, cooperative planning often leads to more predictable routines, reduced conflict, and a smoother co-parenting experience.
Modifying a Parenting Plan
Parenting plans and conservatorship orders can be modified in Texas, but only when certain legal requirements are met. Courts aim to maintain stability for children, so a modification is generally allowed only when there has been a material and substantial change in circumstances since the last order, or when the requested change is clearly in the child’s best interest.
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Common reasons parents request modifications include:
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Significant changes in a parent’s work schedule or availability
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Relocation or plans to move outside a geographic restriction
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Changes in the child’s needs, schooling, or developmental stage
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Concerns about safety, stability, or a parent’s ability to meet the child’s needs
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A parent consistently failing to follow the existing possession schedule
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Substance use, mental health concerns, or family violence
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The child (age 12 or older) expressing a preference to the judge in chambers
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Improvements in a parent’s circumstances that support expanded parenting time
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Parents may agree on modifications and submit them jointly for court approval, or one parent may file a request on their own. In all situations, the court requires evidence that the change supports the child’s long-term well-being and preserves their relationship with both parents whenever safe and appropriate.
For Mothers
Mothers in Texas often play a central role in their child’s daily routine, but Texas law treats both parents as equally capable of serving as Joint Managing Conservators. Courts do not favor one parent based on gender. Instead, they focus on consistent involvement, stability, cooperation, and the child’s overall well-being. Mothers who approach the process with clarity, documentation, and a child-centered mindset are well positioned for positive outcomes.
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Key considerations for mothers:
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Your caregiving history matters. Daily routines, medical involvement, school coordination, and the stability you provide are important factors in conservatorship decisions.
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Transparency supports your case. Sharing school, medical, and activity information demonstrates responsibility and respect for the co-parenting relationship.
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Communication sets the tone. Clear, calm, and child-focused communication reflects well in court and helps reduce conflict.
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Support for both parent–child relationships is important. Courts look favorably on parents who encourage healthy involvement from the other parent.
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Document what you do and what the child needs, just as you would for any important parenting matter.
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Explain concerns using facts, not emotion. When safety, routines, or developmental issues arise, grounding conversations in evidence helps courts understand your perspective.
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Be consistent with schedules and commitments. Reliability, punctuality, and organization show stability and predictability.
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Avoid high-conflict exchanges or negative comments in front of the child. Courts prioritize parents who shield children from adult issues.
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Use breastfeeding or infant needs appropriately. These factors can influence schedules, but courts expect reasonable solutions such as pumping or gradual adjustments when appropriate.
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Stay open to reasonable flexibility. Collaborative problem-solving is viewed as a sign of strong parenting, not weakness.
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Texas courts value mothers who demonstrate stability, cooperation, and thoughtful decision-making. Approaching the process with preparation and a child-first perspective strengthens your position and supports a smoother co-parenting relationship.
Important Notes for Fathers
Fathers in Texas often face challenges navigating conservatorship and possession laws, especially if they were not the child’s primary caregiver or if paternity has not yet been legally established. Texas law does not favor mothers over fathers—courts focus on involvement, stability, and each parent’s ability to meet the child’s needs. Fathers who stay proactive and consistent can secure strong parenting time schedules and meaningful rights.
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Important reminders for fathers:
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Establish paternity immediately if unmarried. Without legal paternity, you do not have conservatorship rights or possession and access.
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Be consistently involved in daily routines, school, medical care, and activities. Judges closely examine caregiving patterns.
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Communicate respectfully with the other parent and document important interactions. Courts review patterns of cooperation.
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Follow the possession schedule exactly, including punctual exchanges and reliable attendance.
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Support the child’s relationship with the mother, even during conflict. Judges view interference or gatekeeping negatively.
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Keep records of parenting time, involvement, and any issues that arise. Clear documentation helps in court.
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Demonstrate stability in work, housing, and routines. A stable environment weighs heavily in Texas custody decisions.
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Avoid arguments via text or social media, and never criticize the other parent in front of the child.
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Stay child-focused, not conflict-focused. Courts value parents who prioritize the child’s well-being above disputes.
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Seek modifications properly if circumstances change—don’t self-adjust the schedule without agreement or a court order.
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Texas fathers who remain calm, prepared, and consistent often achieve strong conservatorship roles and substantial parenting time.
Breastfeeding Considerations
Breastfeeding can influence parenting time arrangements for very young children, but it is only one factor the court considers when determining possession and access. Texas law does not grant automatic custody preferences based on breastfeeding. Instead, judges look at how feeding routines fit into the child’s developmental needs while still supporting meaningful involvement from both parents.
For newborns and infants, courts may order shorter, more frequent periods of possession to maintain feeding schedules, sleep patterns, and bonding. As children grow, courts typically expect both parents to coordinate around pumping, bottle-feeding, and gradual transitions to longer visits or overnights. Mothers are encouraged to communicate breastfeeding routines clearly, and fathers are encouraged to support these routines by handling feedings responsibly.
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Breastfeeding should not be used to prevent the other parent from having reasonable parenting time unless there is a legitimate medical or safety concern. Texas courts aim to create balanced schedules that protect the child’s nutritional needs while preserving the child’s relationship with both parents.
For newborns and infants, courts may order shorter, more frequent periods of possession to maintain feeding schedules, sleep patterns, and bonding. As children grow, courts typically expect both parents to coordinate around pumping, bottle-feeding, and gradual transitions to longer visits or overnights. Mothers are encouraged to communicate breastfeeding routines clearly, and fathers are encouraged to support these routines by handling feedings responsibly.
Breastfeeding should not be used to prevent the other parent from having reasonable parenting time unless there is a legitimate medical or safety concern. Texas courts aim to create balanced schedules that protect the child’s nutritional needs while preserving the child’s relationship with both parents.
Texas Family Law Resources & Statutes
For parents who want to review the original Texas laws related to conservatorship, possession and access, and parenting orders, the following resources may be helpful:
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Texas Family Code, Chapter 153 — Conservatorship, Possession, and Access
(Covers managing conservatorship, possession schedules, Standard Possession Orders, and key best-interest principles.) -
Texas Family Code, Title 5 — The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship (SAPCR)
(Provides the full statutory framework for custody cases, parenting orders, paternity, and related matters.)
These links are provided for informational purposes only. Always consult with a licensed Texas family law attorney if you need guidance on your specific situation.