Child custody decisions in Texas are guided strictly by the best interest of the child standard under Texas law. That means the court focuses on what will most help the child thrive, not what either parent wants. Knowing what matters to the court helps parents prepare.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Custody vs. Conservatorship: Texas Terminology
In Texas, the term “custody” is legally referred to as conservatorship. This can be confusing for parents, especially those who have heard custody terms used in other states.
There are two main types of conservatorship:
- Joint Managing Conservatorship (JMC) – Both parents share rights and duties, such as making decisions about the child’s health, education, and welfare. This does not necessarily mean equal parenting time, but it does mean shared authority.
- Sole Managing Conservatorship (SMC) – Only one parent has the legal right to make key decisions for the child.
Texas courts prefer joint conservatorship unless there is a strong reason not to allow it, such as a history of family violence or neglect.
Texas Family Code Rules
- Texas Family Code §153.002 says the court always makes conservatorship decisions based on the child’s best interest, no exceptions.
- Texas Family Code §153.004 says a judge must consider abuse or neglect when deciding whether to appoint someone as a joint managing conservator.
These rules lay the foundation. If there’s no risk of harm, courts favor joint managing conservatorship, shared decision-making. But if abuse or neglect is proven, the court leans toward giving one parent primary custody.
How Judges Make Custody Decisions
Judges consider several factors when deciding custody, including:
- Each parent’s ability to care for the child’s daily needs.
- The stability of each home environment.
- The emotional and physical health of both parents.
- The relationship between the child and each parent.
- Any history of abuse, substance use, or neglect.
- The child’s own preference if they are age 12 or older.
For example, if one parent travels frequently for work while the other has a steady routine and close ties to the child’s school, the court may favor the parent with a more stable environment, even if both parents are loving and capable.
Custody Scenarios and Examples
Scenario 1: Parents with Conflicting Work Schedules
Emma works evenings; David works days. They both want time with their child. The court approves a joint schedule that lets each parent spend days aligned with their work while keeping the child’s school routine steady. That fits the child’s needs, so it’s likely approved.
Scenario 2: Alleged Domestic Violence
If there’s evidence that one parent used force, the court may name the other parent as sole managing conservator and restrict visits. The court quotes §153.004 to explain: the child’s safety comes first.
Scenario 3: Unmarried Parent and Paternity
For unmarried parents, Texas first establishes paternity. After that, custody is decided the same way. Confirming paternity opens the door to fair custody decisions.
Custody and Divorce: Connected Issues
Custody rarely stands alone. It is usually part of a divorce proceeding, which may also involve asset division, spousal maintenance, and child support. These factors influence the overall outcome and planning for both parents.
Asset Division and Financial Planning
Texas is a community property state, meaning that all property acquired during marriage belongs to both spouses equally. Dividing property can become complicated when there are homes, retirement accounts, and other valuable assets. A divorce attorney can help ensure that property is split fairly and in a way that supports the child’s stability.
Couples who created a prenuptial agreement or postnuptial agreement will follow the terms of those agreements during the divorce, which can prevent disputes and speed up the process.
Spousal Maintenance and Support
Spousal maintenance, sometimes called alimony, is financial support paid to one spouse after divorce. The Texas Family Code §8.051 explains when it may be ordered, such as when one spouse cannot meet basic needs without help.
Spousal maintenance may indirectly affect custody decisions by ensuring the custodial parent has enough resources to care for the child.
Child Support and Parenting Plans
The parent without primary custody usually pays child support based on income and the number of children involved. Support covers basic needs like food, housing, education, and medical care.
This financial support ensures the child’s standard of living remains consistent between both homes.
Real-Life Example
Maria and Carlos are splitting after 14 years. Maria has been the primary caregiver; Carlos has a demanding job. They agree Maria will be sole custodian, with Carlos paying child support and having weekend visits. They file for divorce proceedings together; their agreement aligns with legal priorities: stability, clear financial support, and the child’s well-being.
Preparing for a Custody Case
Parents can take proactive steps to strengthen their case and reduce conflict:
- Keep records of your involvement in your child’s life, such as attendance at school events or medical appointments.
- Maintain a stable home environment with routines and rules that benefit the child.
- Communicate respectfully with the other parent, even during disagreements.
- Work with a skilled family law attorney to understand your rights and obligations under Texas law.
If the divorce involves complex finances or significant assets, consider hiring a high-net-worth divorce attorney to manage both custody and property issues.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
Custody cases are about more than legal rights; they are about the future of your family. The Texas Family Code provides a clear framework for making decisions that protect children and promote stability.
At Turner-Monahan, PLLC, we’ve helped thousands of families across Texas navigate the most difficult moments with clarity and care. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
