Custody

Texas refers to custody as conservatorship. Texas law presumes it is in the best interest of a child to appoint parents Joint Managing Conservatorship. This is not a fifty-fifty split of possession. This refers to an equal sharing of parental rights, except for the right to establish residency (where the child lives) and the right to receive child support. Parents can agree to divide up the parental rights in any manner they believe is appropriate and the judge can also assign rights in any manner it deems to be in the best interest of the child. The standard list of parental rights can be viewed by clicking on parental rights (pdf).

Possession is the critical issue to be determined. The traditional form of custody is for the child to live primarily with one parent and visit with the other parent. Texas has a standard possession schedule which the Court will presume is the appropriate schedule for children three and older Parents can modify the schedule as can the court. There is no presumed schedule for children under three years of age. To view the standard schedule, click visitation schedule (pdf).

Texas courts also have the power to limit the child’s residence to a certain geographic area. Typically, a child’s residence is restricted to the current county of residence and contiguous counties which are counties that touch the county of residence.

Parental Rights (pdf)

Visitation Schedule (pdf)