IN PLAIN ENGLISH
How custody works in Texas
In Texas, the legal word for custody is "conservatorship." [TX-P5] The judge decides two things: who makes the big decisions for your child (conservatorship), and when each parent has the child (possession and access). [TX-P1, TX-P5] The law starts from the idea that both parents should be "joint managing conservators," which means you share most decisions about things like school and health care. [TX-P1, TX-P5] That starting point does not apply when there is a history of family violence. [TX-P1]
Sharing decisions does not mean sharing time equally. [TX-P1, TX-P5] Most orders give one parent the right to decide where your child lives, usually inside a set area like a county, and the other parent gets set times with the child. [TX-P1, TX-P5] For children 3 and older, the law assumes the Standard Possession Order (often called the SPO) is a fair minimum schedule and is in your child's best interest, unless the judge is shown otherwise. [TX-P1, TX-P6]
Under the SPO, a parent who lives within 100 miles usually gets the 1st, 3rd and 5th weekends of each month, Thursday evenings during the school year, alternating holidays and 30 days in the summer. [TX-P1, TX-P6] If you live 50 miles or less apart, the weekends and Thursdays usually run longer, from when school lets out until school starts again. [TX-P1, TX-P6] Parents can always agree to different times, and the judge can order a different schedule when that is best for the child. [TX-P1, TX-P6]
Without a court order, both parents have equal rights to the child and nobody can make the other parent follow a schedule. [TX-P7] A father who was never married to the mother first needs legal paternity, by signing an Acknowledgment of Paternity or through a court order. [TX-P4, TX-P7] Free forms and instructions are on TexasLawHelp.org. [TX-P5]
Words you’ll see in your papers
- Conservatorship
- Texas's word for custody. A "conservator" is a person a court order gives rights and duties for a child. [TX-P5]
- Joint managing conservators
- Both parents share most decisions about the child, like school and medical care. It does not mean equal time. [TX-P1, TX-P5]
- Sole managing conservator / possessory conservator
- A sole managing conservator has the final say on most decisions. The other parent is usually a possessory conservator, who still has a parent's rights and gets scheduled time with the child. [TX-P5]
- Possession and access
- Texas's words for parenting time or visitation: when each parent has the child. [TX-P1, TX-P6]
- Standard Possession Order (SPO)
- The default schedule written into the Texas Family Code. The law presumes it is a reasonable minimum for a child age 3 or older. [TX-P1, TX-P6]
- SAPCR
- Short for "suit affecting the parent-child relationship." It is the kind of case unmarried parents (or anyone not getting divorced) file to get a custody order. [TX-P5]
COMMON QUESTIONS
What parents in Texas ask first
Does Texas start from 50/50?
No. [TX-P1] Texas starts from the idea that both parents should share decisions as joint managing conservators, but the law says that does not require equal or nearly equal time. [TX-P1, TX-P5] The default schedule is the Standard Possession Order, and parents can agree to something else, such as alternating weeks. [TX-P1, TX-P6]
What does the judge look at?
Your child's best interest is always the main question. [TX-P1, TX-P8] Judges often use a list from the Texas Supreme Court that includes what your child wants, your child's physical and emotional needs now and later, any danger to your child, each parent's parenting skills, each parent's plans for the child, and how stable each home is. [TX-P8] When deciding whether to name both parents joint managing conservators, the judge also looks at whether each parent can put the child first, make decisions together, support the child's relationship with the other parent, how involved each parent was before the case, and how far apart you live. [TX-P1]
Is there a standard schedule?
Yes. The Standard Possession Order is in state law and applies statewide. [TX-P1, TX-P6, TX-P13] For parents within 100 miles it gives the other parent the 1st, 3rd and 5th weekends, Thursday evenings during the school year, spring break in even-numbered years, alternating holidays, and 30 days in summer (July 1 to July 31 if no dates are picked by April 1). [TX-P1] Parents 50 miles or less apart usually get longer weekends and Thursday overnights. [TX-P1, TX-P6] Parents more than 100 miles apart get a different version with no Thursday visit, longer summer time and every spring break. [TX-P1, TX-P6] For a child under 3, there is no automatic schedule; the judge makes one based on things like who has cared for the child and the child's need for routine. [TX-P1, TX-P6]
Does my child get to choose?
No age lets your child decide. [TX-P1] At a hearing or a trial without a jury, if a parent asks, the judge must talk privately with a child who is 12 or older about which parent they want to have custody or decide where they live, and may talk with a younger child. [TX-P1] The judge still decides what is best, and talking with your child does not limit that. [TX-P1] A child 12 or older telling the judge in private which parent they want to decide where they live can also be a reason to change an existing order. [TX-P2]
Can I move with my child?
Check your order first. [TX-P1, TX-P5] Most joint orders limit where the child's main home can be, often to a certain county or area, and moving outside it without the court's permission can break the order. [TX-P1, TX-P5] Texas orders must also require each parent to tell the other parent and the court about a planned change of address 60 days before the move, or within 5 days of learning about it if you could not know sooner. [TX-P3] A judge can keep an address private if sharing it would put a parent or child at risk. [TX-P3]
Can the order be changed later?
Yes. [TX-P2] A judge can change a custody or visitation order if the change is in your child's best interest and something has changed in a big way since the order was made, or a child 12 or older tells the judge which parent they want to live with, or the parent with the main home has let someone else care for the child for at least six months. [TX-P2] Trying to change who the child lives with within one year of the order requires a sworn statement showing a serious reason, such as danger to the child. [TX-P2] TexasLawHelp has forms for modification cases. [TX-P5]
We were never married. What happens first?
Without a court order, both legal parents have equal rights to the child, and neither one can make the other follow a schedule. [TX-P7] A father becomes a legal parent by signing an Acknowledgment of Paternity with the mother or through a court order. [TX-P4, TX-P7] If you signed one, you can file a SAPCR to get a custody order; if not, you file a paternity case and the judge decides custody in it. [TX-P5]
What if I am not safe?
Judges must consider family violence and abuse when deciding custody and visitation. [TX-P1, TX-P5] Parents cannot be named joint managing conservators when there is credible evidence of a history or pattern of abuse by one parent, and the judge can order supervised visits or no visits to protect the child. [TX-P1, TX-P6] A family violence protective order case can also set custody and visitation. [TX-P5] If you are in danger, call 911; the National Domestic Violence Hotline is 800-799-7233. [TX-P5]
Free, official places to start
- TexasLawHelp: Child Custody and Conservatorship
A free plain-language explanation of conservatorship types and which do-it-yourself form kit fits your situation.
- TexasLawHelp: Child Visitation and Possession Orders
Explains the Standard Possession Order, other schedule options, orders for children under 3 and supervised visits, with sample orders.
- TexasLawHelp: I need a custody order. I am the child's parent (SAPCR)
Step-by-step instructions and free forms for asking a court for custody, visitation and support orders.
- Texas Attorney General: Parenting Time Overview
The state's explanation of the standard parenting time schedules by distance, with a downloadable guide and calendar.
LOCAL SPOTLIGHT · HOUSTON
Harris County
Harris County Family District Courts, through the Harris County Domestic Relations Office
Harris County uses the same statewide Standard Possession Order, but its Domestic Relations Office offers families in the Harris County family courts extra help. [TX-P1, TX-P9] If the other parent is not following your court-ordered schedule, its Parenting Time Services use a three-step process: a live online orientation, a parent conference where staff explain your order, and, if that does not work, an attorney consultation and court action; this service is not available while a custody case is already pending. [TX-P9] If you are handling an agreed or default case without a lawyer and used TexasLawHelp forms, the office can review your final order before you finish, though it does not give legal advice. [TX-P10] It also runs a free 4-hour co-parenting workshop and a supervised visitation center for Harris County families whose court order sends visits there. [TX-P11, TX-P12]
- Harris County DRO: Parenting Time Services
How to get help when court-ordered visits are being denied or the schedule is not being followed, and how to apply.
- Harris County DRO: Request for Order Review
Legal information and a review of your final order for parents without lawyers finishing an agreed or default case using TexasLawHelp forms.
- Harris County DRO: Making a Fresh Start workshop
A free 4-hour online co-parenting class for divorced, separated and never-married parents.
- Harris County DRO: The Visitation Center
The county's supervised visitation center, for families whose court order directs visits there.
Other counties in Texas can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
Statutory schedule
Research overview
Detailed statewide Standard Possession Order with rebuttable best-interest/minimum-time presumption and age/distance/election rules.
Legal force and applicability
Statutory rebuttable standard within qualifying cases; age, distance, elections, applicability provisions and the individual order control.
Authority and geographic scope
Family Code 153.251–.3171; does not replace individualized signed order. [TX-1]
Custody and parenting-time presumptions
SPO presumed reasonable minimum and best interests; joint managing conservatorship does not itself require equal/nearly equal time. Best interests and safety remain controlling. [TX-1]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Base ≤100 miles: 1st/3rd/5th Friday 6 p.m.–Sunday 6 p.m., Thursday 6–8 p.m. during regular school term. ≤50 miles default expands school-term weekends Fri dismissal–Monday school and Thursdays dismissal–Friday school, subject opt-out/court exception. >100 miles: 1st/3rd/5th or elected one weekend/month with statutory notices; no statutory Thursday in §153.313. [TX-1]
Holidays and school breaks
All distances: possessory parent Christmas first half even years ending Dec 28 noon, second half odd from Dec 28 noon; Thanksgiving odd; birthday 6–8 p.m.for parent otherwise without possession; Fathers/Mothers Day respective conservator. ≤100 spring break even years; >100 everyyear. Expanded start/end elections and holiday overrides apply. [TX-1]
Summer and vacation time
≤100: 30 days selected by April 1 in ≤2 blocks ≥7 days, school-vacation bounds; fallback July 1–31 at 6 p.m. >100: 42 days similarly selected; fallback June 15–July 27 at 6 p.m. Managing conservator has April 15 return/blockout rights differing by distance. [TX-1]
Age and development
SPO designed for 3+. Under 3 requires tailored factors and prospective order effective third birthday presumptively SPO; no mandatory infant no-overnight rule. [TX-1]
Distance, travel, and relocation
Operational tiers use the possessory conservator's residence relative to the child's primary residence (§§153.312,.3171) or residence (§153.313): ≤50 expanded default; >50 and ≤100 base/elections; >100 long-distance. Exactly 50/100 belong to inclusive lower tiers; do not round fractional miles. An existing order may already contain distance-triggered terms, which must be read before treating a move as requiring or accomplishing modification. [TX-1]
Safety & exceptions
Abuse/violence restrictions §153.004; best-interest deviations, unworkable work/year-round-school circumstances; ≤50 opt-out or findings. Agreements may vary dates; signed order controls. [TX-1]