Texas custody laws: conservatorship, possession and how to file
Fact-checked · Checked against 24 sources · See the sources
- Texas calls custody conservatorship. Joint managing conservators share it, a sole managing conservator holds the exclusive rights, and possession and access is the time each parent has.
- The best interest of the child is always the court’s primary consideration, and the court may not weigh a parent’s sex or marital status.
- Texas presumes joint managing conservatorship is in the child’s best interest, but joint does not mean equal time, and a history of family violence removes the presumption.
- The standard possession order is presumed reasonable for a child three or older. Its schedule changes when parents live more than 100 miles apart.
- TexasLawHelp.org’s free SAPCR forms are only for agreed and default cases. A contested case needs a final hearing with 45 days’ notice.
- What does Texas call custody?
- How does a Texas court decide custody?
- Is joint managing conservatorship the default in Texas?
- How do you get sole managing conservatorship in Texas?
- What is the standard possession order in Texas?
- What are Texas custody laws for unmarried parents?
- How do you file for custody in Texas?
- Where does a written record fit in a Texas case?
- Frequently asked questions
What does Texas call custody?
Texas law does not use the word custody. The Family Code calls it conservatorship, the rights and duties to make decisions for a child, and possession and access, the time each parent spends with the child. A court order that settles both is the result of a Suit Affecting the Parent-Child Relationship, usually shortened to SAPCR.
According to TexasLawHelp.org’s guide to child custody, most custody orders name the parents joint managing conservators, and in most orders one parent has the right to determine the child’s primary residence. That parent is sometimes called the managing or primary conservator. The other parent is sometimes called the possessory conservator. TexasLawHelp also notes that custody orders call parenting time “access and possession,” which is the same thing as visitation.
| Texas term | Everyday word | What it covers |
|---|---|---|
| Conservatorship | Legal custody | The rights and duties to make decisions for the child |
| Joint managing conservators (JMC) | Joint custody | Both parents hold conservatorship; the order says who has which rights |
| Sole managing conservator (SMC) | Sole or full custody | One parent holds the exclusive rights listed in § 153.132 |
| Possessory conservator | Noncustodial parent | The parent who is not a managing conservator, usually with a possession schedule |
| Possession and access | Physical custody, visitation | When the child is with each parent |
| Standard possession order (SPO) | Standard visitation schedule | The default schedule set out in the Family Code |
| SAPCR | Custody case | The lawsuit that asks a court for custody, visitation and support orders |
How does a Texas court decide custody?
By the best interest of the child. Family Code § 153.002 says the best interest of the child “shall always be the primary consideration of the court” in deciding conservatorship and possession of and access to the child.
The court is also told what not to weigh. Under Family Code § 153.003, the court considers the qualifications of the parties without regard to their marital status or to the sex of the party or the child. That covers who becomes sole managing conservator, whether to name joint managing conservators, and the terms of possession.
One list the Family Code gives is the set of factors for court-ordered joint managing conservatorship in Family Code § 153.134, used when the parents have not filed a written agreed parenting plan. The court considers:
- whether the child’s physical, psychological or emotional needs and development will benefit from joint managing conservators;
- whether the parents can put the child’s welfare first and reach shared decisions in the child’s best interest;
- whether each parent can encourage and accept a positive relationship between the child and the other parent;
- whether both parents took part in raising the child before the suit was filed;
- how close the parents live to each other;
- if the child is 12 or older, the child’s preference about who designates the primary residence;
- any other relevant factor.
On the child’s own wishes, Family Code § 153.009 says that in a nonjury trial or hearing, on the application of a party, the amicus attorney or the attorney ad litem, the court shall interview in chambers a child 12 or older, and may interview a younger child. The same section says the interview does not diminish the court’s discretion.
Our best interest of the child checklist turns these kinds of factors into things a parent can write down week by week.
Is joint managing conservatorship the default in Texas?
Yes, as a starting presumption. Family Code § 153.131 says it is a rebuttable presumption that appointing the parents as joint managing conservators is in the child’s best interest, and that a finding of a history of family violence involving the parents removes the presumption.
Joint does not mean equal time. Family Code § 153.135 says joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child. When the court orders joint conservatorship, § 153.134 also requires it to name the conservator who has the exclusive right to determine the child’s primary residence, and either set a geographic area for that residence or say it can be anywhere.
Parents can reach joint conservatorship by agreement too. Under Family Code § 153.133, a written agreed parenting plan must designate the conservator who determines the child’s primary residence, set a geographic area for that residence or say it can be anywhere, specify each parent’s rights and duties for the child’s care, support and education, and include provisions to minimize disruption of the child’s education, daily routine and friendships.
Our guide to the primary caretaker role covers what the day-to-day parent usually shows to support a request for the primary residence.
How do you get sole managing conservatorship in Texas?
By showing the court that sole managing conservatorship, often called full custody, is in the child’s best interest, which overcomes the joint presumption. § 153.131 says a parent shall be appointed sole managing conservator or both parents joint managing conservators, unless appointing the parent would significantly impair the child’s physical health or emotional development.
Family violence and abuse change the analysis. Family Code § 153.004 says the court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse, by one parent against the other parent, a spouse or a child. The same section creates a rebuttable presumption that naming the abusing parent sole managing conservator, or the parent who decides the primary residence, is not in the child’s best interest.
A sole managing conservator holds exclusive rights. Unless the order limits them, Family Code § 153.132 gives that parent the exclusive right to designate the child’s primary residence, consent to invasive medical, dental and surgical treatment, consent to psychiatric and psychological treatment, receive child support, and make decisions about the child’s education, among others.
The other parent usually still has time with the child. Family Code § 153.191 says the court shall appoint a parent who is not a managing conservator as a possessory conservator, unless that is not in the child’s best interest and parental possession or access would endanger the child’s physical or emotional welfare.
Fathers asking for the primary residence face the same standard as mothers. Our guide for dads showing the court you were there covers how to show the parenting you already do.
What is the standard possession order in Texas?
It is the default visitation schedule in the Family Code, and courts start from it. Under Family Code § 153.252, there is a rebuttable presumption that the standard possession order provides reasonable minimum possession for a possessory or joint managing conservator and is in the child’s best interest.
Family Code § 153.251 says the standard possession order is designed for a child three or older. For a younger child, Family Code § 153.254 tells the court to render an order appropriate under the circumstances, considering factors that include the caregiving provided to the child before and during the suit and the child’s need for continuity of routine.
The schedule depends on how far apart the parents live. Family Code § 153.312 sets the schedule for parents who live 100 miles or less apart, and Family Code § 153.313 sets it for parents more than 100 miles apart. Family Code § 153.314 sets holidays the same way at any distance.
| Period | 100 miles or less apart | More than 100 miles apart |
|---|---|---|
| Weekends | 1st, 3rd and 5th Friday, 6 p.m. to 6 p.m. Sunday | The same weekends, or one weekend a month of the parent’s choice with 14 days’ notice |
| Weeknights | Thursdays 6 p.m. to 8 p.m. during the school term | None set |
| Spring break | Even-numbered years | Every year |
| Summer | 30 days; July 1 to 31 if no written notice by April 1 | 42 days; June 15 to July 27 if no written notice by April 1 |
| Thanksgiving | Odd-numbered years | Odd-numbered years |
| Christmas break | First half in even-numbered years, second half in odd-numbered years | The same |
Times can start earlier. Family Code § 153.317 lets a conservator elect alternative times, such as starting a weekend when school is dismissed and ending it when school resumes, and the court shall grant the election unless it finds the election is not in the child’s best interest. TexasLawHelp notes that parents with a court-ordered schedule can agree to any schedule that works for both of them, and must follow the order when they cannot agree.
Our custody schedule examples compare the standard order with other common patterns, and our holiday parenting schedule guide covers how holidays override the regular weeks.
What are Texas custody laws for unmarried parents?
The same conservatorship and possession rules apply, but a father must first be a legal parent. § 153.003 bars the court from weighing marital status when it decides conservatorship.
Family Code § 101.024 defines a parent as the mother, a man presumed to be the father, a man legally determined or adjudicated to be the father, a man who has acknowledged his paternity under applicable law, or an adoptive mother or father. Under Family Code § 160.201, the father-child relationship is established by an unrebutted presumption of paternity, an effective acknowledgment of paternity, an adjudication, adoption, or consent to assisted reproduction.
Until there is an order, there are no custody rights to enforce. TexasLawHelp says legal custody can only be created by a court order, not a power of attorney or other document, and that without a court order each parent is free to take the child from the other at any time.
Our guide to keeping a record as an unmarried parent covers what to write down while paternity and custody are still unsettled.
How do you file for custody in Texas?
You file a SAPCR with a Texas court, and Texas must usually be the child’s home state first. Under Family Code § 152.201, a Texas court can make an initial custody decision when Texas is the child’s home state on the day the case starts, or was within the six months before and a parent still lives here. Family Code § 152.102 defines home state as the state where the child lived with a parent for at least six consecutive months immediately before the case began.
Free forms exist, with a limit. TexasLawHelp.org’s SAPCR guide publishes forms and instructions for a parent who needs a custody order, and says they are only for agreed and default cases. A case is agreed if both parents agree about all the issues, including custody, visitation and child support, and both will sign the forms. It is a default if the other parent is served and does not answer.
A contested case is different. The same guide says that to finish a contested SAPCR, you must set the case for a final hearing and give the other parent at least 45 days’ notice, and it recommends talking to a lawyer.
Our guide to documenting your case when you represent yourself covers organizing a record without a lawyer.
Where does a written record fit in a Texas case?
Several of the factors above look backward, at what each parent has already done. § 153.134 asks whether both parents took part in raising the child before the suit was filed. § 153.254 asks about the caregiving provided before and during the suit when the child is under three. Those are questions about months of ordinary days, and memory alone fades.
“The court is not evaluating isolated claims in a vacuum. It is assessing patterns, context, and the reliability of the information presented. This is why preparation and documentation matter. The court’s decision will be based on what can be proven, not simply what is alleged.”
A dated, written record kept as things happen gives your attorney the detail to answer those questions: school pickups, doctor visits, homework nights and schedule changes. Our guide on how to document for a custody case covers what to log and how often.
Documented keeps a private, dated record of the ordinary days of care, sealed when you save each entry, so the detail is there when your attorney asks. Learn how it works →
What this guide does not cover
- Changing an existing order. Modification has its own standard in the Family Code, and this page covers first orders only.
- Protective orders and emergencies. If you or your child is in danger, call 911. Family violence changes the presumptions above, and an emergency order needs an attorney or the court quickly.
- Child support amounts. Texas sets support under its own guidelines, which this page does not calculate.
- Grandparents and other nonparents. Texas has separate rules for nonparents seeking conservatorship or access.
Frequently asked questions
How do you file for custody in Texas without a lawyer?
You file a Suit Affecting the Parent-Child Relationship (SAPCR) with a Texas court. TexasLawHelp.org publishes free SAPCR forms and step-by-step instructions, but it says those forms are only for agreed and default cases. If the other parent contests the case, it recommends talking to a lawyer.
Is Texas a 50/50 custody state?
No. Texas presumes that naming both parents joint managing conservators is in the child’s best interest, but Family Code § 153.135 says joint managing conservatorship does not require equal or nearly equal time with each parent. TexasLawHelp.org says most custody orders include a standard possession order, which gives the other parent the first, third and fifth weekends, Thursday evenings, alternating holidays and at least a month in the summer.
Does Texas favor mothers in custody cases?
Not under the statute. Family Code § 153.003 tells the court to weigh each party’s qualifications without regard to their marital status or to the sex of the party or the child when it decides conservatorship and possession.
How can a father get full custody in Texas?
A father asks the court to name him sole managing conservator, and the court decides by the child’s best interest. A father who was not married to the mother first needs to be a legal parent, through a presumption, an acknowledgment of paternity, or a court adjudication. The law then applies to him the same way it applies to the mother.
At what age can a child choose which parent to live with in Texas?
No age lets a child choose. If a party asks, the judge must interview a child 12 or older in chambers about who should decide the child’s primary residence, and may interview a younger child. Family Code § 153.009 says the interview does not reduce the judge’s discretion in deciding the case.
How we researched this
We read 24 sources for this guide: 21 sections of the Texas Family Code from the Texas Legislature’s statutes site, two TexasLawHelp.org self-help pages, and one family law practice article. Every factual claim was checked against the passage it comes from before publishing, and a claim we could not trace to a source was cut. Attorney quotes are reproduced word for word from the firm’s own published page. How our guides are written.
References
Law firm pages are cited for the quoted passages only.
- Texas Legislature. (2025). Texas Family Code § 153.002, Best interest of child. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.003, No discrimination based on sex or marital status. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.004, History of domestic violence or sexual abuse. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.009, Interview of child in chambers. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.131, Presumption that parent to be appointed managing conservator. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.132, Rights and duties of parent appointed sole managing conservator. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.133, Parenting plan for joint managing conservatorship. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.134, Court-ordered joint conservatorship. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.135, Equal possession not required. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.191, Presumption that parent to be appointed possessory conservator. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.251, Policy and general application of guidelines. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.252, Rebuttable presumption. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.254, Child less than three years of age. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.312, Parents who reside 100 miles or less apart. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.313, Parents who reside over 100 miles apart. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.314, Holiday possession unaffected by distance parents reside apart. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 153.317, Alternative beginning and ending possession times. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 152.201, Initial child custody jurisdiction. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 152.102, Definitions. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 101.024, Parent. Retrieved from https://statutes.capitol.texas.gov/
- Texas Legislature. (2025). Texas Family Code § 160.201, Establishment of parent-child relationship. Retrieved from https://statutes.capitol.texas.gov/
- TexasLawHelp.org. (2026). Child Custody. Retrieved from https://texaslawhelp.org/
- TexasLawHelp.org. (2026). I need a custody order. I am the child’s parent. (SAPCR). Retrieved from https://texaslawhelp.org/
- The Barrows Firm. (2026). Protecting Children in Texas Custody Cases: What Courts Look For. Retrieved from https://www.barrowsfirm.com/
Related articles
Documented is a private, tamper-evident record of how you show up for your kids. This article is general information, not legal advice, and Documented is not a law firm.