Child Custody (Conservatorship) in a Texas Divorce

Conservatorship: Joint vs. Sole

Conservatorship is the legal authority to make decisions for a child. Texas presumes that joint managing conservatorship (JMC) is in the child's best interest, meaning both parents share decision-making rights and duties. JMC does not mean equal time — it means shared legal authority.

Sole managing conservatorship (SMC) is ordered when one parent should have exclusive decision-making authority, often because of family violence, substance abuse, or other safety concerns. The primary conservator is the parent who has the right to designate the child's primary residence.

Possession and Access (Visitation)

Possession and access refers to when each parent has the child. Texas has a Standard Possession Order (SPO) that applies unless parents agree to a different schedule.

• •1st, 3rd, and 5th weekends of each month to the non-primary parent.
• •Thursday evenings during the school year.
• •Alternating holidays (Thanksgiving, Christmas, spring break).
• •30 days in the summer with the non-primary parent.
• •Parents may agree to a custom schedule that fits their family.

The Best Interest of the Child

Every Texas custody decision is made under the "best interest of the child" standard, codified in the Holley factors. Courts consider the child's emotional and physical needs, each parent's ability, stability, the child's preferences (if old enough), and any history of family violence.

In an uncontested divorce, the court generally approves the conservatorship and possession arrangement the parents agree to, as long as it appears to serve the child's best interest and meets Texas legal requirements.

Child Support Guidelines

Texas calculates child support using a percentage of the non-primary parent's net monthly resources. The guideline percentages increase with the number of children and are capped at a maximum net resources amount (adjusted periodically). The court can deviate from guidelines for good cause.

• •20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more.
• •Based on the obligor's net monthly resources (after taxes and required deductions).
• •Medical support: one parent must provide health insurance for the child.
• •Support generally continues until the child turns 18 or graduates high school.

Geographic Restriction

Texas orders often include a geographic restriction limiting the child's primary residence to a specific county or region. This keeps both parents reasonably close so possession can work. If the primary conservator wants to move outside the restriction, they generally need the other parent's agreement or a court modification.

How DivorceReady Helps

DivorceReady's with-children Texas package includes the SAPCR, a parenting plan, and a child support worksheet based on your questionnaire answers. We do not advise on the best custody arrangement for your family or whether a proposed support amount is fair. If custody is disputed or safety is a concern, consult a licensed Texas family law attorney.