Child custody disputes can be some of the most emotionally taxing experiences a parent can face. Whether you’re going through a divorce or facing challenges in an existing custody arrangement, understanding the legal process and your rights is crucial. In Texas, family courts prioritize the best interests of the child—but what does that really mean for parents?
In this guide, we’ll break down everything you need to know about child custody disputes in Texas: the types of custody, how courts make decisions, and the steps you can take to protect your relationship with your child.
Understanding Child Custody in Texas
Legal vs. Physical Custody
In Texas, child custody is referred to legally as conservatorship, and it encompasses both the rights and duties parents have regarding the care of their children. Understanding the legal distinctions is essential for any parent facing custody discussions, whether through divorce or other family law proceedings. Texas law divides conservatorship into two primary components: managing conservatorship and possessory conservatorship, which are roughly equivalent to what many people know as legal and physical custody.
Managing conservatorship refers to the right to make significant decisions about the child’s life, including matters related to education, healthcare, psychological services, religious upbringing, and extracurricular activities. When both parents are named joint managing conservators—a common outcome unless there are safety concerns—they share the responsibility of making these important decisions. However, even in joint conservatorship arrangements, a judge may grant one parent the exclusive right to decide on specific matters if it serves the child’s best interests.
On the other hand, possessory conservatorship pertains to where the child lives and which parent is responsible for day-to-day care. It defines the schedule for parenting time, including regular visitation, holidays, and summer breaks. The parent with whom the child primarily resides is often called the “custodial” parent, while the other typically receives visitation rights. Texas law generally favors ongoing contact with both parents unless there are circumstances that would endanger the child’s well-being.
Conservatorship can be awarded in two forms: joint managing conservatorship (JMC) and sole managing conservatorship (SMC). In a JMC, both parents share legal rights and duties, which encourages cooperative parenting and shared involvement in the child’s life. This doesn’t mean that parenting time is split 50/50, but rather that both parents are recognized as key figures in decision-making. JMC is the default presumption under Texas law unless there’s evidence that it would not be in the best interest of the child.
Sole managing conservatorship, by contrast, is typically granted when one parent is deemed unfit or unable to participate safely in the child’s upbringing. This may include cases involving domestic violence, substance abuse, neglect, or long-term absence. A sole managing conservator has the exclusive right to make decisions regarding the child, while the other parent may be designated as a possessory conservator with limited or supervised visitation—or, in more serious cases, may be denied access altogether. Texas courts always prioritize the child’s health, safety, and stability when determining whether joint or sole conservatorship is appropriate.
Understanding these legal distinctions and their practical implications can help parents navigate the custody process with greater clarity and confidence. Whether pursuing joint arrangements or seeking to protect a child in more serious circumstances, having a strong understanding of how conservatorship works in Texas is an essential first step.
Factors Texas Courts Consider in Custody Cases
When determining child custody, courts aim to serve the best interests of the child. These are some of the most common factors considered:
- The physical and emotional needs of the child
- The ability of each parent to provide a stable home
- The child’s preferences (usually if the child is age 12 or older)
- Any history of domestic violence or abuse
- The parental involvement in the child’s daily life
- Stability and consistency in the child’s education and community
Step-by-Step Guide for Parents Facing Custody Disputes
Keep the Child’s Well-being First
At the heart of any custody dispute should be a sincere commitment to what is best for the child—not what feels fair to the parents, or what serves to “win” the argument. It’s common for emotions like frustration, anger, or sadness to surface during these cases, but children should never be made to carry that emotional burden. Speaking negatively about the other parent in front of the child, making them feel torn between loyalties, or using them as a messenger are all actions that can cause deep emotional harm. Instead, maintaining a neutral and supportive environment allows the child to feel safe and loved, regardless of what’s happening between their parents.
Document Everything
When dealing with a custody dispute, facts matter. That’s why keeping thorough records is one of the smartest steps a parent can take. Maintain detailed documentation of all interactions with the other parent—such as text messages, emails, or notes from conversations—as well as visitation schedules, missed pickups, and relevant incidents or concerns related to the child’s health, behavior, or school performance. This type of record-keeping can be crucial if the case escalates to court, helping to establish patterns, support your claims, and show that you are acting in the child’s best interest.
Attempt Mediation Before Litigation
Texas courts encourage parents to attempt mediation as a first step before taking the case to court. Mediation involves working with a neutral third-party mediator who helps both parents find common ground and reach a mutually acceptable agreement. This process is typically far less adversarial than court proceedings, and it can significantly reduce stress, legal costs, and the time involved. More importantly, it often leads to better long-term outcomes for co-parenting, as it fosters communication and compromise rather than conflict and resentment.
Understand Your Parental Rights
Many parents are unaware of the full scope of their legal rights in a custody case. In Texas, unless a court explicitly limits those rights, both parents have the legal right to be involved in their child’s life. This includes access to medical and school records, the right to be informed about emergencies, and the ability to participate in decisions regarding education, healthcare, and other major aspects of the child’s upbringing. Understanding these rights can empower you to remain actively involved in your child’s life and prevent the other parent from overstepping or withholding critical information.
Follow Temporary Orders Strictly
During the course of a custody dispute, the court may issue temporary orders—these are legally binding arrangements that outline responsibilities such as visitation schedules, child support, communication protocols, and more. Even though these orders are temporary, violating them can have serious consequences. Failing to comply may damage your credibility, affect future rulings, or be interpreted as disregard for the legal process. By strictly following the terms set by the court, you demonstrate responsibility, respect for the system, and a willingness to put your child’s needs ahead of personal grievances.
What Happens If You Can’t Reach an Agreement?
If mediation fails or the dispute is particularly complex, the case proceeds to a custody hearing where a judge makes a final decision. During this hearing:
- Both parents can present evidence and testimony.
- The judge may interview the child (depending on age).
- Expert evaluations (e.g., from psychologists or custody evaluators) may be introduced.
The final ruling will include a Parenting Plan or Possession Schedule, which defines visitation rights, holidays, and other co-parenting logistics.
When to Modify an Existing Custody Order
Life circumstances change, and custody orders can be modified under certain conditions:
- A significant change in either parent’s situation (e.g., job relocation, health issues)
- The child’s needs or preferences have evolved
- One parent is not complying with the order
To request a modification, you’ll need to file a petition with the same court that issued the original order.
Tips for Managing Conflict During Custody Disputes
- Stay child-focused: Every decision should reflect what’s best for your child, not what hurts or punishes the other parent.
- Communicate clearly and calmly: Use written communication (texts, emails) if verbal conversations tend to escalate.
- Use co-parenting apps: Apps like OurFamilyWizard or TalkingParents help document interactions and reduce misunderstandings.
- Get emotional support: Consider counseling or joining support groups to manage the emotional toll of custody battles.
Common Myths About Child Custody in Texas
Myth 1: Mothers always get custody.
Reality: Texas law does not favor one parent based on gender. Both parents are considered equally unless evidence suggests otherwise.
Myth 2: Kids can choose which parent to live with.
Reality: A child 12 or older can express a preference, but the judge has final say based on the child’s best interests.
Myth 3: Joint custody means 50/50 time.
Reality: Joint managing conservatorship refers to decision-making, not necessarily equal physical time with the child.
Final Thoughts: Protecting Your Child and Your Rights
Navigating child custody disputes is never easy, but with the right guidance, understanding your rights and options can make a meaningful difference. At GJ Chavez Law, we’re here to help you through every step—whether your case involves mediation or litigation—always prioritizing your child’s well-being.
If you’re facing a custody issue in Texas, being proactive, prepared, and supported by a trusted legal team like GJ Chavez Law can help you achieve the best possible outcome for your family.
