Child Custody in Texas (2026)

Understanding Conservatorship: Texas Custody Terminology

Texas does not use the word “custody” in its family code. Instead, the state uses the term conservatorship to describe the legal relationship between a parent and child after separation or divorce. This terminology is unique to Texas and a handful of other states, and understanding it is essential for any parent navigating the Texas family court system.

The two key roles are managing conservator and possessory conservator. The managing conservator has the right to make major decisions about the child’s life — including decisions about education, medical care, and where the child lives. The possessory conservator has scheduled periods of possession and access (what other states call “visitation”) and retains certain rights, including the right to access the child’s medical and educational records and to attend school activities.

Under Texas Family Code Section 153.131, there is a rebuttable presumption that appointing both parents as joint managing conservators (JMC) is in the child’s best interest. This means the court will default to joint managing conservatorship unless there is evidence that it would not serve the child. Even under JMC, however, one parent is typically designated as the parent who determines the child’s primary residence, often subject to a geographic restriction.

The presumption of JMC is automatically overcome when there is credible evidence of a history or pattern of family violence by one parent. Under Section 153.004, the court may not appoint the offending parent as a joint managing conservator unless it makes specific findings that doing so is in the child’s best interest and will not endanger the child’s physical health or emotional welfare.

Sole managing conservatorship (SMC) is awarded when joint management would not serve the child’s best interests — for example, in cases involving family violence, neglect, or substance abuse. Under SMC, one parent has the exclusive right to make major decisions, while the other parent is named possessory conservator with visitation rights.

Best Interests Factors

Texas Family Code Section 153.002 establishes that the best interest of the child is always the court’s primary consideration. While the statute does not enumerate a specific checklist, Texas courts rely on factors established by case law (notably the Holley v. Adams factors from 1976):

• The child’s emotional and physical needs, now and in the future
• Any emotional or physical danger to the child
• The parenting abilities of each person seeking conservatorship
• Programs available to assist the individuals in promoting the child’s best interest
• Plans for the child by each individual seeking conservatorship
• The stability of the proposed home environment
• Any acts or omissions by a parent indicating the existing parent-child relationship is not appropriate
• Any excuse for the acts or omissions of a parent

The court may also consider the child’s wishes, the relationship between each parent and the child, and each parent’s willingness to encourage a positive relationship with the other parent.

Child’s Preference

Under Texas Family Code Section 153.009, a child who is 12 years of age or older may express a preference to the court about which parent they wish to live with. The child does so through an in-chambers interview with the judge. A child’s preference is considered but is not binding — the court retains full discretion to determine what arrangement serves the child’s best interest.

For children younger than 12, the court may still interview the child but is not required to do so.

Understanding the Standard Possession Order

The Standard Possession Order (SPO) is one of the most distinctive features of Texas custody law. Outlined in Family Code Sections 153.312 through 153.317, the SPO provides a detailed, default parenting time schedule that applies when parents live within 100 miles of each other and cannot agree on their own arrangement.

Under the SPO, the possessory conservator receives:

• First, third, and fifth weekends of each month (Friday at 6 p.m. through Sunday at 6 p.m.)
• Thursday evenings during the school year (6 p.m. to 8 p.m.)
• Alternating holidays, including Thanksgiving, Christmas, and spring break (with a detailed rotation schedule)
• Extended summer possession — 30 days during the summer, which the possessory conservator must designate by April 1 of each year

The SPO also includes an expanded standard possession option under Section 153.3171, which extends the Thursday evening to an overnight and expands the weekend from Friday after school to Monday morning at school. Many courts now treat the expanded schedule as the presumptive starting point.

For parents who live more than 100 miles apart, a modified schedule under Section 153.313 applies, providing fewer but longer visits — typically one weekend per month rather than first, third, and fifth weekends, with the same holiday and summer provisions.

The SPO is significant because it sets the floor for parenting time. A possessory conservator is entitled to at least the SPO time unless the court finds that doing so would endanger the child’s physical health or significantly impair the child’s emotional development. Parents are always free to agree on a different schedule — and many do — but the SPO is the fallback the court will impose if they cannot agree.

Mediation in Texas

Texas does not have a statewide mandatory mediation requirement for custody disputes. However, courts frequently order mediation before allowing a contested custody case to go to trial. Many Texas counties have local rules that effectively make mediation a standard step. Agreements reached in mediation are binding and enforceable as court orders once approved by the judge.

If mediation fails, the case proceeds to a temporary orders hearing or a final trial. For more on how courts resolve custody disputes, see our guide on how child custody is determined.

Relocation Rules

Texas law restricts the geographic area in which the child may reside by including a geographic restriction in most conservatorship orders. Typically, the order limits the child’s primary residence to a specific county (or contiguous counties). A parent who wants to move outside the restricted area must either obtain the other parent’s written consent or file a motion to modify the conservatorship order.

The court evaluates relocation requests under the same best interest standard, considering the reasons for the move, the impact on the child’s relationship with the non-moving parent, and the feasibility of a modified possession schedule.

Modification of Conservatorship Orders

A parent seeking to modify an existing conservatorship order must demonstrate that there has been a material and substantial change in circumstances since the date of the last order. Under Family Code Section 156.101, modification may also be appropriate if the child is 12 or older and expresses a preference for a different primary conservator, or if the conservator who has the right to designate the child’s primary residence has voluntarily given up actual care and possession of the child for six months or more.

The court applies the best interest standard when deciding any modification request.

When to Seek Legal Help

Texas conservatorship law uses unique terminology and has specific procedural requirements — including the Standard Possession Order, geographic restrictions, and the rebuttable JMC presumption — that can significantly affect the outcome of your case. If you are facing a contested custody situation, a relocation dispute, or a modification request, working with a Texas family law attorney is strongly recommended.

If you are unsure about your rights or next steps, consider scheduling a free consultation to discuss your situation with a qualified professional.

Frequently Asked Questions

What terms does Texas use for custody?

Texas uses “conservatorship” instead of custody. The parent with primary physical possession is the managing conservator, and the parent with scheduled visitation is the possessory conservator. Under Texas Family Code Section 153.131, there is a rebuttable presumption that joint managing conservatorship (JMC) is in the child’s best interest.

At what age can a child express a preference in Texas?

Under Texas Family Code Section 153.009, a child who is 12 years of age or older may express a preference to the court through an in-chambers interview with the judge. The preference is considered but is not binding.

What is the Standard Possession Order in Texas?

The Standard Possession Order (SPO) under Family Code Sections 153.312-153.317 is the default parenting time schedule, providing the possessory conservator with the first, third, and fifth weekends, every Thursday evening, alternating holidays, and 30 days of extended summer possession. An expanded version under Section 153.3171 extends Thursday to an overnight and weekends from Friday after school to Monday morning.

How does Texas handle relocation?

Texas typically includes a geographic restriction in conservatorship orders limiting the child’s primary residence to a specific county or contiguous counties. A parent wanting to move outside the restricted area must obtain the other parent’s written consent or file a motion to modify.

What is the difference between managing and possessory conservator?

The managing conservator has the right to make major decisions about the child, including decisions about education, medical care, and primary residence. Under joint managing conservatorship, both parents share these rights, though one is typically designated to determine the child’s primary residence. The possessory conservator has scheduled periods of possession and access (visitation) and retains certain rights like accessing medical and school records, but does not have primary decision-making authority. Under sole managing conservatorship, one parent holds exclusive decision-making rights.

Can grandparents get custody or visitation in Texas?

Under Texas Family Code Section 153.432, grandparents may petition for access (visitation) if the child’s present environment presents a serious question regarding the child’s physical health or welfare. However, grandparents must overcome the strong parental presumption established by the U.S. Supreme Court in Troxel v. Granville (2000), which means the court gives significant deference to a fit parent’s decision about grandparent contact.

How This Guide Was Researched

This guide is based on Texas Family Code Sections 153.001-153.376 (conservatorship provisions), Sections 153.131-153.134 (joint managing conservatorship presumption), Sections 153.312-153.317 (Standard Possession Order), and Section 153.009 (child’s preference). The best interest factors discussion draws on the Holley v. Adams factors established by the Texas Supreme Court in 1976. Filing procedures and geographic restriction practices were confirmed against the Texas State Law Library divorce and custody guide and TexasLawHelp.org self-help resources. The expanded Standard Possession Order discussion was verified against Section 153.3171 as amended.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Texas Family Code §§ 153.001-153.376 (conservatorship), § 153.131 (JMC presumption), § 153.004 (family violence and JMC)
• Texas Family Code §§ 153.312-153.317 (Standard Possession Order), § 153.3171 (expanded SPO), § 153.009 (child’s preference at age 12)
• Texas Family Code § 156.101 (modification grounds), § 153.432 (grandparent access)
• Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (best interest factors)

Official Texas Resources

• Texas Law Help — Family, Divorce & Children
• Texas Courts — Self-Represented Litigants
• Texas State Law Library — Divorce Guide

Additional Texas Resources

• Pineywoods Family Supervision — Resources for Texas Families
• Texoma Family and Court Services — Resources

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Fathers’ Rights in Texas
• Grandparent Rights in Texas
• Divorce in Texas
• Child support in Texas
• How custody is determined
• Types of child custody
• Child custody laws explained
• Fathers’ rights in custody