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How does Texas handle child custody?

On Behalf of | May 12, 2025 | Child Custody |

Child custody in Texas focuses on the best interests of the child. The law encourages parents to share custody and make decisions that benefit the child’s well-being. When you face custody decisions, it helps to understand the types and factors involved.

Types of custody

Texas uses two main custody terms: conservatorship and possession. Conservatorship refers to the legal right to make decisions about the child’s life, like education, health and religion. Possession deals with the physical time the child spends with each parent.

The court often names one or both parents as managing conservators. A managing conservator has the authority to make major decisions. A possessory conservator has rights to visitation or access but fewer decision-making powers.

Factors the court considers

The court looks at many factors to decide custody, always putting the child’s best interest first. These include the child’s age, physical and emotional needs, the parents’ ability to care for the child, and the child’s preference if they are old enough. The court also reviews any history of abuse or neglect.

How custody arrangements work

Parents can agree on custody arrangements through negotiation or mediation, which courts support to avoid conflict. If parents cannot agree, the court will decide based on the evidence presented. The court favors arrangements that promote stable, ongoing relationships with both parents.

Ensuring child welfare

State law aims to protect the child’s welfare by encouraging cooperation between parents. The law discourages arrangements that harm the child’s emotional or physical well-being. The court can modify custody orders if circumstances change significantly.

Understanding child custody helps you focus on the child’s needs and work toward a stable, supportive environment.

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