When it comes to infants and young children, custody decisions can feel especially emotional and complex. In this article, we’ll walk you through how courts in Texas decide custody for babies and toddlers, what laws apply, and how this plays out in real-life situations.
If you’re facing a divorce, child custody matter, or a related family law issue, you’ll want to know how things work and how a firm like Turner‑Monahan, PLLC may help.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Custody Under Texas Law
In Texas, the legal term for custody is “conservatorship.” The court assigns one or both parents as managing conservators, responsible for making key decisions about the child’s upbringing. The parent who doesn’t have primary custody is typically given visitation rights, called “possession and access.”
These decisions are guided by the Texas Family Code, especially Chapter 153, which outlines how the court must determine conservatorship and possession.
Section 153.002 states:
“The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
That single line drives every custody case involving babies, toddlers, or older children.
How the Court Looks at Babies and Toddlers Differently
The law recognizes that infants and toddlers need more stability and constant care than older kids. That’s why Texas courts do not automatically apply the Standard Possession Order (SPO) to children under three.
Section 153.251(d) of the Texas Family Code explains:
“The presumption that the standard possession order is in the best interest of the child does not apply when a child is younger than three years of age.”
Instead, judges look at several factors listed in Section 153.254, including:
- The child’s age and developmental stage
- The child’s need for consistent care
- Each parent’s past involvement
- The ability of each parent to provide for the child’s emotional and physical needs
- The distance between the parents’ homes
For example, if a mother has been the primary caregiver since birth, handling feeding, medical visits, and daily routines, the court will consider that stability. If the father has been actively involved and has a strong bond with the child, the court will try to create a schedule that nurtures that relationship while maintaining consistency for the baby.
Real-World Examples
Example 1: The Newborn Case
A couple separates just months after their baby is born. The mother has been nursing, and the father works long hours. The court is likely to grant the mother primary custody, at least temporarily, because she provides the most stable environment for the infant. The father may receive frequent but shorter visits, ensuring the child builds familiarity without disrupting routines.
Example 2: The Toddler Transition
When a child is around two and both parents have participated in care, the court may order shared custody with a gradual transition plan. Initially, one parent may have daytime visits. As the toddler grows, overnights can begin, provided both parents live nearby and can maintain consistent routines.
Example 3: Safety Concerns
If there is any evidence of violence or neglect, Section 153.004 requires the court to restrict or deny visitation. The child’s safety is always more important than equal parenting time.
The “Best Interest” Standard
To determine what’s best for the child, courts often look to the Holley v. Adams factors, guidelines established by the Texas Supreme Court. These include:
- The child’s emotional and physical needs
- The parenting abilities of each parent
- The stability of each home environment
- The plans each parent has for the child
- Any history of abuse or neglect
A judge’s goal isn’t to punish either parent. It’s to ensure the baby or toddler grows up in a secure, nurturing environment that promotes healthy development.
When Divorce and Custody Overlap
Custody of young children is often part of a divorce case, known in Texas as a Suit Affecting the Parent-Child Relationship (SAPCR). This is where the court handles both the dissolution of marriage and custody decisions together.
Parents dealing with both custody and property issues may also face questions about marriage asset division, spousal support, or existing prenuptial and postnuptial agreements. That’s why it’s important to have an experienced family and divorce lawyer who understands how these areas interact.
At Turner-Monahan PLLC, our attorneys often handle cases where child custody is deeply tied to broader family law concerns, such as asset division, spousal maintenance, and contested divorce proceedings. Our experience allows us to create strategies that protect both your financial future and your child’s well-being.
When Parents Don’t Live in the Same State
Sometimes, one parent moves to another state or plans to. Under Chapter 152 of the Texas Family Code, the Uniform Child Custody Jurisdiction and Enforcement Act, the court must decide if it has the authority (jurisdiction) to make custody orders.
The law usually gives that power to the child’s “home state,” defined as where the child has lived for at least six months. For babies younger than six months, the home state is where they’ve lived since birth.
Preparing for Custody of a Young Child
If you’re going through a custody case involving a baby or toddler, here are a few practical steps:
- Document your caregiving: Keep records of feeding schedules, doctor visits, and daily routines.
- Show stability: Judges value consistent housing, employment, and emotional stability.
- Cooperate where possible: Parents who show they can work together often gain more flexible arrangements.
- Be realistic: Overnights may not start immediately, especially for infants.
- Focus on the child, not the conflict: Courts quickly see through attempts to use custody as leverage.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
At Turner-Monahan PLLC, we know how personal custody cases are, especially when babies and toddlers are involved. Our team has over 50 years of experience helping parents through complex divorce and custody situations across Fort Worth, Tarrant County, Dallas, and Cleburne.
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.
