Child custody matters are among the most emotionally charged aspects of family law. As a Houston family law attorney who has handled numerous child custody cases, I’ve seen firsthand how these decisions impact both parents and children. Whether you’re going through an initial custody determination or seeking to modify an existing order, understanding Texas child custody laws is crucial for protecting your parental rights.
Understanding Texas Child Custody Terminology
Texas doesn’t use the traditional terms “custody” and “visitation.” Instead, the state uses specific legal terminology:
Conservatorship
- Managing Conservator: The parent with primary decision-making authority
- Joint Managing Conservators: Both parents share major decisions about the child
- Sole Managing Conservator: One parent has exclusive decision-making rights
- Possessory Conservator: The parent with visitation rights
Primary Residence
This determines where the child primarily lives and which school district they attend.
Possession and Access
This outlines when each parent spends time with the child, replacing the traditional concept of “visitation.”
Types of Custody Arrangements in Texas
Joint Managing Conservatorship (JMC)
This is the preferred arrangement in Texas, where both parents share decision-making responsibilities regarding:
- Medical care and treatment
- Educational decisions
- Religious upbringing
- Extracurricular activities
- Legal matters affecting the child
Even in JMC arrangements, one parent typically has the right to designate the child’s primary residence.
Sole Managing Conservatorship (SMC)
Less common, this arrangement gives one parent exclusive decision-making authority. Courts typically order SMC only when:
- There’s evidence of family violence
- One parent has abandoned the child
- Substance abuse issues exist
- Mental health concerns affect parenting ability
- Geographic distance makes joint decisions impractical
Factors Courts Consider in Custody Decisions
Texas courts always prioritize the “best interest of the child.” Factors include:
Child-Focused Factors
- The child’s physical and emotional needs
- Current stability of home environments
- Plans for the child’s care and development
- The child’s preferences (if age 12 or older)
- Relationship between child and each parent
Parent-Focused Factors
- Each parent’s ability to provide a stable environment
- Parenting skills and willingness to encourage the other parent’s relationship
- Geographic proximity of parents’ homes
- Work schedules and availability
- Physical and mental health of parents
- History of family violence or substance abuse
Stability Factors
- Length of time child has lived in current environment
- Disruption to child’s school, community, and social life
- Economic circumstances of each parent
- Moral fitness of parents
The Standard Possession Order (SPO)
Texas has established a Standard Possession Order that serves as the default visitation schedule for non-custodial parents:
Regular Schedule
- 1st, 3rd, and 5th weekends of each month from Friday 6:00 PM to Sunday 6:00 PM
- Thursday evenings from 6:00 PM to 8:00 PM during school periods
- Wednesday evenings from 6:00 PM to 8:00 PM during summer
Holiday Schedule
Parents alternate major holidays, including:
- Thanksgiving (Thursday to Sunday)
- Christmas (alternating periods)
- Spring break
- Child’s birthday
Summer Possession
The non-custodial parent typically gets:
- 30 consecutive days during summer
- Option to split into two periods
- Weekend possession continues unless interrupted by extended summer period
Expanded Standard Possession Order
For parents living within 100 miles of each other, the expanded order includes:
- Thursday overnight visits during school year
- Additional time during spring break
- Extended weekend periods
Modifying Child Custody Orders
Life circumstances change, and sometimes custody arrangements need modification. Texas law allows modifications under specific circumstances.
When Modifications Are Possible
Material and Substantial Change
The most common ground requires proving:
- Circumstances have significantly changed since the last order
- The change affects the child’s best interest
- The change is likely to be permanent
Examples include:
- Job loss or significant income change
- Relocation of either parent
- Remarriage affecting household dynamics
- Changes in child’s needs (medical, educational)
- Evidence of abuse or neglect
Three-Year Rule
If three years have passed since the last order, you can request modification if:
- Monthly child support differs by $100 or 20% from guideline amount, OR
- The child’s primary residence has changed
Age 12 Preference
When a child turns 12, they can express their preference about which parent they want to live with, potentially supporting a modification request.
The Modification Process
- File Motion: Submit a “Motion to Modify” with the court that issued the original order
- Serve Notice: Properly notify the other parent
- Mediation: Many courts require mediation before trial
- Evidence Gathering: Document changes in circumstances
- Court Hearing: Present evidence supporting the requested changes
Enforcing Child Custody Orders
Unfortunately, some parents don’t comply with custody orders. Texas provides several enforcement mechanisms:
Contempt of Court
If a parent violates a custody order, they can be held in contempt, facing:
- Fines up to $500
- Jail time up to six months
- Attorney fees and court costs
- Make-up time with the affected parent
Habeas Corpus
If a parent wrongfully takes or keeps a child, the other parent can file for habeas corpus to secure the child’s immediate return.
Enforcement Remedies
Courts can order various remedies:
- Compensatory possession time
- Counseling at violating parent’s expense
- Posting of bonds to ensure compliance
- Supervised visitation
- Suspension of driving privileges
Interstate Child Custody Issues
With Houston’s mobile population, interstate custody issues are common. Key laws include:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
This determines which state has jurisdiction over custody matters and helps enforce orders across state lines.
Parental Kidnapping Prevention Act (PKPA)
Federal law requiring states to enforce custody orders from other states.
International Considerations
For international custody disputes, the Hague Convention may apply, requiring specialized legal handling.
Child Support and Custody Connections
While custody and child support are separate issues, they’re often interconnected:
Child Support Calculations
Support amounts depend on:
- Number of children
- Paying parent’s income
- Possession schedule
- Healthcare and childcare costs
Custody Changes Affecting Support
Modifications to possession schedules may impact child support calculations, especially if the non-custodial parent gains significantly more time.
Protecting Your Parental Rights
Document Everything
Keep detailed records of:
- Time spent with children
- Communications with the other parent
- Missed visitations or violations
- Children’s activities and achievements
- Any concerning incidents
Follow Court Orders Exactly
Even if you disagree with provisions:
- Comply with all timing requirements
- Don’t withhold visitation due to support issues
- Seek legal modification rather than self-help
Maintain Child Focus
- Keep children out of conflicts
- Don’t speak negatively about the other parent
- Support the child’s relationship with both parents
- Prioritize stability and routine
Common Custody Mistakes to Avoid
- Using children as messengers between parents
- Violating court orders even if you believe they’re unfair
- Moving without proper legal procedures
- Interfering with the other parent’s time
- Making major decisions without consulting the other parent in JMC situations
- Failing to communicate about children’s needs and activities
When to Seek Legal Help
Consider hiring a family law attorney when:
- The other parent has legal representation
- Complex issues like abuse allegations exist
- Interstate or international elements are involved
- Significant changes in circumstances occur
- The other parent consistently violates orders
- You’re facing enforcement actions
The Role of Child Custody Evaluations
In contested cases, courts may order custody evaluations involving:
- Psychological assessments of parents and children
- Home studies
- Interviews with relevant parties
- Recommendations to the court
These evaluations can significantly impact custody decisions and require careful navigation.
Co-Parenting Success Strategies
Effective co-parenting benefits everyone, especially the children:
Communication Best Practices
- Use written communication when possible
- Keep discussions child-focused
- Respond promptly to reasonable requests
- Use co-parenting apps for organization
Flexibility and Compromise
- Accommodate reasonable schedule changes
- Share important events and milestones
- Coordinate discipline and rules
- Support each other’s parenting time
Professional Support
Consider:
- Co-parenting counseling
- Family therapy for children
- Mediation for ongoing disputes
- Parenting classes
Conclusion
Child custody matters in Texas involve complex legal standards and emotional challenges. Understanding your rights, the legal process, and your children’s needs is essential for achieving the best possible outcome. Whether you’re establishing initial custody arrangements, seeking modifications, or dealing with enforcement issues, having experienced legal guidance can make a significant difference.
Remember that custody decisions should always prioritize your children’s best interests, even when that requires personal sacrifice or compromise. The court system exists to protect children and preserve meaningful relationships with both parents whenever possible.
Every custody situation is unique, with its own challenges and opportunities. By understanding Texas law, maintaining proper documentation, and focusing on your children’s welfare, you can better navigate this complex area of family law and protect your parental rights.
If you’re facing child custody issues in Houston or surrounding areas, don’t navigate this challenging process alone. Professional legal guidance can help you understand your options, protect your rights, and work toward solutions that serve your children’s best interests.
Attorney Sana Abid has extensive experience handling child custody matters in Texas, including complex modifications and enforcement cases. Her compassionate approach combined with thorough legal knowledge helps parents navigate these challenging situations while keeping children’s best interests at the forefront. Contact our office to discuss your specific custody concerns.