Question 1

Does Texas use the word 'custody'?

Accepted Answer

Not in the statute. Texas law uses 'conservatorship' for legal rights and 'possession and access' for physical time with the child. People still say 'custody' in everyday conversation, and it means the same thing in practice, but the paperwork and court orders use the Texas terms.

Question 2

What is a managing conservator?

Accepted Answer

A managing conservator holds legal rights over the child: decisions about education, health care, and often the right to determine the child's primary residence. Managing conservatorship can be joint (both parents share these rights) or sole (one parent holds them).

Question 3

Is joint managing conservatorship the default in Texas?

Accepted Answer

There's a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest (Texas Family Code § 153.131(b)). This is a presumption about shared legal rights, not a presumption of a 50/50 time split, those are decided separately.

Question 4

What is the Expanded Standard Possession Order (ESPO)?

Accepted Answer

It's the current default possession schedule for parents who live 50 miles or less apart, in cases filed on or after September 1, 2021 (Texas Family Code § 153.3171). It extends the older Standard Possession Order's Thursday visits to overnights and starts/ends weekend time at school release and Monday drop-off instead of fixed evening times, giving the noncustodial parent roughly 46-48% of parenting time instead of the older schedule's 20-24%.

Question 5

Do I automatically get the Expanded Standard Possession Order?

Accepted Answer

If your case was filed on or after September 1, 2021 and you live within 50 miles of the other parent, the expanded times apply automatically unless you opt out or the court finds a reason not to apply them. Parents 50-100 miles apart can elect the expanded schedule; beyond 100 miles, a different schedule applies (§ 153.313).

Question 6

What if we live more than 100 miles apart?

Accepted Answer

A separate schedule under Texas Family Code § 153.313 applies, generally allowing the possessory conservator (the parent with less time) to choose one weekend per month rather than following a fixed first/third/fifth weekend rotation, along with extended summer time.

Question 7

Can custody be split evenly (50/50) in Texas?

Accepted Answer

Yes, but it's not the statutory default schedule, the ESPO gives roughly 46-48% to the noncustodial parent, not an even split. A 50/50 arrangement is possible if both parents agree or a judge orders it based on the child's best interest, but it has to be specifically requested rather than assumed.

Question 8

What's the difference between conservatorship and possession?

Accepted Answer

Conservatorship is about legal rights and decision-making authority. Possession and access is about the actual schedule, when the child is physically with each parent. A parent can be a joint managing conservator with full legal rights while still having less than half the physical time.

Question 9

How is child support calculated in Texas?

Accepted Answer

Texas uses statutory guideline percentages based on the paying parent's net income and the number of children, applied by the Office of the Attorney General's guidelines. The percentage generally increases with each additional child covered by the order.

Question 10

Can I move away from Texas with my child?

Accepted Answer

Only if your order doesn't include a geographic restriction, or the other parent agrees, or a court modifies the order. Most Texas custody orders include a residency restriction (often the county of filing and contiguous counties), and moving outside it without agreement or a court order can be a violation.

Question 11

What is a geographic restriction?

Accepted Answer

A clause in a custody order limiting where the child's primary residence can be, commonly a specific county or set of counties. It's meant to keep both parents reasonably able to maintain their possession schedule. Lifting or changing it requires either agreement or a court finding that the move serves the child's best interest.

Question 12

Can a child choose which parent to live with in Texas?

Accepted Answer

A child who is at least 12 can request, in writing, that the judge interview them about their custodial preference. The judge can also interview a younger child. The child's preference is a factor, not a binding decision, the judge still rules based on the overall best interest of the child.

Question 13

Do unmarried parents have custody rights in Texas?

Accepted Answer

Once paternity is established (through an Acknowledgment of Paternity or a court order), an unmarried father has the same right to seek conservatorship and possession as a married parent. Establishing legal parentage is often the first step if it hasn't already been done.

Question 14

What happens if my co-parent won't follow the possession order?

Accepted Answer

You can file an enforcement action with the court. Repeated violations can lead to makeup possession time, fines, or in serious or repeated cases, contempt of court, which can include additional penalties.

Question 15

Can a Texas custody order be modified later?

Accepted Answer

Yes, generally if there's been a material and substantial change in circumstances since the last order, and the new arrangement would be in the child's best interest, a parent's move, a change in the child's needs, or a change in either parent's circumstances can qualify.

Question 16

Is mediation required in Texas custody cases?

Accepted Answer

Many Texas courts require or strongly encourage mediation before a contested custody hearing, though the exact requirement varies by county. Check your local county court's standing orders, since procedures differ across Texas's 254 counties.

Question 17

What is a Parenting Plan or Possession Order in Texas?

Accepted Answer

It's the written court order (or agreement incorporated into one) that sets out conservatorship, the possession schedule, and other custody terms. Texas courts require one as part of any custody case, whether agreed to by both parents or decided by a judge.

Question 18

Can grandparents get visitation in Texas?

Accepted Answer

In limited circumstances. Texas Family Code § 153.433 allows grandparents to petition for access, but generally only if a parent's rights have been limited or terminated, or another specific condition applies, and Texas courts apply a fairly high bar given parents' constitutional right to make decisions about their children.

Question 19

Do I need a lawyer for a Texas custody case?

Accepted Answer

Not required, Texas courts have self-help resources for parents representing themselves. For anything contested, involving a geographic restriction, or with safety concerns, consulting a Texas family law attorney is worth strongly considering given how much county-level procedure can vary.

Question 20

Where do I file for custody in Texas?

Accepted Answer

Typically in the county where the child has lived for the last six months. If custody is part of a divorce, it's usually filed in the same county as the divorce case.

Distance between parents	Default schedule
50 miles or less	Expanded Standard Possession Order applies automatically (§ 153.3171)
50-100 miles	Expanded times available by election, not automatic
Over 100 miles	Different schedule under § 153.313, often one elected weekend per month plus extended summer time

Understanding Child Custody in Texas: A Parent's Guide

Texas doesn't use the word "custody"

The Expanded Standard Possession Order (ESPO)

Moving with your child

Decisions and support

How OnePage fits in

Official Texas resources

Questions, answered