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 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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Courts’ best-interest analyses are also broadly consistent with social science research emphasizing children’s need for stability, meaningful relationships with both parents, and parenting arrangements tailored to a child’s developmental stage (see Warshak, 2014).
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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 (Legal Custody)
Legal decision-making and parental authority are called the ‘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
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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 & Co-Parenting Responsibilities
Family courts look for parents who show up consistently, communicate well, and support their child’s relationship with the other parent. Judges pay close attention to each parent’s involvement in the child’s daily life and whether they can maintain steady routines and low conflict throughout the process.
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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 Overview
A parenting plan is used in cases involving conservatorship, possession, and access. When the court is asked to allocate parental rights and responsibilities, Texas law requires a parenting plan by statute, and the plan provides the structure the court uses to organize how those responsibilities will be exercised. Its purpose is to give the court a clear, workable framework tailored to the needs of the child and family.
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A parenting plan in Texas typically addresses conservatorship rights and duties, possession and access schedules, and how parents will make decisions affecting the child. While Texas law includes standard frameworks, such as the Standard Possession Order or (SPO), the court’s focus remains on whether the proposed plan is clear, practical, and consistent with the child’s best interests.
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Courts review parenting plans with an emphasis on stability and predictability. The goal is not to create an ideal arrangement on paper, but to approve a structure that can be followed consistently over time and that reduces the likelihood of ongoing conflict. A parenting plan does not determine outcomes by itself; it provides the foundation the court relies on when issuing, enforcing, or modifying orders related to the child.
Creating a Parenting Plan
When reviewing a proposed parenting plan, courts focus on whether the plan is likely to function in practice. Parenting plans should address conservatorship rights and duties, possession and access schedules, and how parents will handle routine decision-making. The court’s primary concern is not how the plan is written, but whether the arrangements are clear, workable, and centered on the child’s needs.
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Courts look closely at whether possession and access schedules are defined in a way that can be followed consistently. Plans that rely on vague language, informal understandings, or ongoing negotiation between parents are more likely to create conflict once orders are entered. Clear expectations and practical structure tend to reduce disputes and provide stability for the child.
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Texas courts also consider how parents have managed shared responsibilities in the past, particularly where that history helps the court assess whether a proposed plan is realistic going forward. Patterns of reliability, communication, and follow-through often matter more than stated intentions. The emphasis is on whether the plan reflects arrangements the parents are able to maintain over time.
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A parenting plan does not need to anticipate every possible situation. Courts look for plans that provide enough structure to guide day-to-day parenting while allowing reasonable flexibility as a child’s needs change. For parents seeking a general, court-neutral framework, a free Parenting Plan guide is available in the Parenting Toolkit to help outline common components without replacing legal advice or court review.
Modifying a Parenting Plan
Parenting plans and conservatorship orders can be modified, 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.
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.)
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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.