TEXAS CHILD CUSTODY LAW — WHAT AUSTIN PARENTS NEED TO KNOW
Texas uses the term "conservatorship" instead of custody. "Managing conservatorship" is the right to make decisions about the child's education, healthcare, and activities. "Possessory conservatorship" determines physical time with the child. Texas courts strongly favor "joint managing conservatorship" — both parents sharing decision-making rights — but physical possession schedules vary widely based on the child's best interests.
The "best interest of the child" standard governs everything. Texas Family Code § 153.002 declares the best interest of the child the primary consideration in all custody decisions. Courts consider the child's emotional and physical needs, each parent's ability to provide stability, the child's preference (if 12 or older), and each parent's willingness to support the other's relationship with the child.
Key Custody Issues in Austin TX Cases
Joint vs. Sole Managing ConservatorshipWhether both parents share decision-making rights (joint) or one parent has primary decision-making authority (sole)
Standard Possession Order (SPO)The default Texas possession schedule — every 1st, 3rd, 5th weekend; Thursday evenings; alternating holidays; 30 days summer
Extended Standard Possession OrderA more generous schedule available by agreement or court order — adds midweek overnights and extends summer possession
Primary ResidenceWhich parent's home the child primarily lives in — determines school enrollment and support calculations
Geographic RestrictionWhether the child can be moved outside a geographic area (often Travis County or contiguous counties) without court approval
Child PreferenceChildren 12 and older can express a preference to the court — though the judge is not bound by their choice
Types of Child Custody Cases in Austin TX
1
Divorce with Children
Most Austin child custody disputes arise during divorce — parenting plans, possession schedules, and conservatorship are negotiated or litigated simultaneously.
2
SAPCR (Suit Affecting Parent-Child Relationship)
Establishing custody between unmarried parents — the most common way to establish legal rights when parents were never married.
3
Custody Modification
Modifying an existing custody order when a "material and substantial change in circumstances" has occurred since the last order.
4
Enforcement
When the other parent violates the custody order — our attorneys file enforcement motions and pursue contempt proceedings.
5
Emergency Custody
When a child is in immediate danger — emergency protective orders and emergency custody hearings are available.
Factors Austin Courts Consider in Custody Decisions
Each parent's relationship with the child and involvement in daily care
Stability of each parent's home environment and living situation
Each parent's willingness to support and encourage the child's relationship with the other parent
The child's adjustment to home, school, and community
History of domestic violence, abuse, or neglect by either parent
Parental fitness — substance abuse, mental health, criminal history
Frequently Asked Questions
What is the difference between joint and sole managing conservatorship in Texas?▾
Joint managing conservatorship means both parents share decision-making rights about education, healthcare, and activities. Sole managing conservatorship gives one parent exclusive rights. Courts prefer joint conservatorship absent a history of violence or abuse.
At what age can a child decide which parent to live with in Texas?▾
Children 12 and older can file a written statement with the court expressing a preference. The judge considers but is not bound by the preference. The child's best interests remain the controlling standard.
What is the Standard Possession Order in Texas?▾
The SPO is the default possession schedule in Texas: the non-primary parent has the child on the 1st, 3rd, and 5th weekends, Thursday evenings during the school year, alternating holidays, and 30 days in summer.
Can I get an emergency custody order in Austin?▾
Yes. If a child is in immediate danger — from abuse, abduction risk, or neglect — an attorney can file for an emergency temporary restraining order and temporary orders hearing in Travis County Family Court.
How is child support calculated in Texas?▾
Child support is calculated as a percentage of the paying parent's net monthly income: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more.
How do I modify a child custody order in Austin?▾
You must show a "material and substantial change in circumstances" since the last order was entered — such as relocation, job change, the child's changing needs, or the other parent's behavior. Our attorneys file modification suits in Travis County.