The law in plain words
In Texas, the best interest of the child is always the court's primary consideration. Family Code 153.131 then presumes both parents should share decisions as joint managing conservators.
The words Texas uses
Texas swaps the familiar words for its own.
- Joint managing conservators share a parent's rights and duties, though one may hold some rights alone.
- A sole managing conservator holds key rights alone, such as choosing the child's home.
- A possessory conservator is a parent with set time but fewer decision rights.
- Possession and access means the schedule.
A custody case is called a SAPCR, short for a suit affecting the parent-child relationship.
Where the court starts
The presumption is joint managing conservatorship. A history of family violence between the parents removes it.
Joint does not mean equal. Section 153.135 says joint conservatorship does not require equal or nearly equal time.
The court may not favor a parent because of sex or marital status. That rule is in Family Code 153.003.
Who decides where the child lives
When parents are joint managing conservators, the order names one of them to decide the child's primary residence.
The court then either sets a geographic area, often a county and those around it, or allows a move anywhere. It must also try to protect the child's schooling, routine and friendships.
What the court weighs for joint conservators
If parents have not agreed a plan, Family Code 153.134 lists what the court considers:
- whether joint conservators would meet the child's needs
- whether the parents can put the child first and reach shared decisions
- whether each parent supports the child's relationship with the other
- whether both parents took part in raising the child before the case
- how close together the parents live
- the preference of a child aged 12 or older about where to live
Rights every parent keeps
A parent who is a conservator keeps some rights at all times under Family Code 153.073. These include getting information about the child's health, education and welfare from the other parent.
They also include seeing medical and school records, and attending school activities. These rights apply to fathers and mothers alike.
The Standard Possession Order
For a child aged three or older, the law presumes the Standard Possession Order is reasonable and in the child's best interest. Parents can always agree to different times.
If the parents live within 100 miles of each other, the other parent gets:
- the first, third and fifth weekends, from Friday 6 p.m. to Sunday 6 p.m.
- Thursday evenings from 6 to 8 p.m. during the school term
- spring break in even-numbered years
- 30 days in summer, July 1 to 31 if no notice is given
Over 100 miles apart, the parent can take one chosen weekend a month instead. Spring break comes every year, and summer is 42 days.
Within 50 miles, weekends usually run from school pickup to school drop-off. For a child under three, the court sets a schedule to fit the child.
Family violence and abuse
Under Family Code 153.004, a history or pattern of child neglect, or of physical or sexual abuse by one parent, bars joint managing conservatorship.
Credible evidence of certain violence or abuse also creates a presumption against unsupervised visits. The court must consider final protective orders made in the two years before the case, or during it.
Your child's say at 12
If either parent asks, the judge must interview a child aged 12 or older in chambers. The judge may also talk to a younger child.
The interview does not decide the case. The judge keeps full discretion over what serves the child.
Unmarried fathers
For unmarried parents, the Texas Attorney General is direct: a biological father has no legal rights until paternity is established.
Signing an Acknowledgment of Paternity makes a man the legal father. Either signer can cancel it within 60 days.
An acknowledgment does not set custody or visitation. Those come from a court order, agreed or contested. Paternity is a required step before asking a court for either.
Moving with your child
Texas has no stand-alone relocation law. What matters is the geographic area in your order, if there is one.
Orders also require 60 days' notice of an intended address change, by certified or registered mail. If you learn of the move later, notice is due within five days. A court can waive notice if it would expose you or the child to harm.
Changing an order
Under Family Code 156.101, an order can change if it serves the child and circumstances have materially and substantially changed.
It can also change if a child aged 12 or older tells the judge which parent they want as primary. A third route is if the primary parent gave up care for six months.
Asking to change the primary parent within a year needs a sworn affidavit showing danger or consent.
How to file for custody in Texas without a lawyer
File in the county where the child lives. Depending on the county, that may be a district court or another court that hears family cases.
- Establish paternity first if you were never married.
- Get the forms. TexasLawHelp.org has free custody forms for agreed and default cases. A contested case usually needs a lawyer.
- Attach the birth certificate. Since September 1, 2025, a certified copy goes with the petition if available.
- Serve the other parent, then attend any mediation or parenting class the court orders.
A court-ordered parenting class runs four to 12 hours and costs no more than $100.
What changed in 2025
Several Texas changes took effect in 2025.
- Make-up time (September 1, 2025): when a court finds a parent in contempt for denying time, it must generally order make-up time. After three earlier contempt findings, it can order double time.
- Repeated denial (September 1, 2025): a fourth contempt finding counts as a change in circumstances. Any change to the order must still serve the child's best interest.
- School choice (September 1, 2025): choosing and enrolling the child's school is now a named parental right.
- Counseling limits (June 20, 2025): courts cannot order counseling that isolates the child from family.
Building the record
Make-up time and contempt both depend on dates. Note each period of possession as it happens, and whether it took place.
If time is denied, keep the message and write down what was offered. Casewell keeps those notes and the messages behind them together. A lawyer can then read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Texas possession record
Texas schedules are checkable, and make-up time depends on them. Keep these items current.
Keep the record Texas schedules depend on
Casewell keeps your dated entries, the messages behind them and any changes to the schedule in one private place. Export the period a lawyer needs as a focused PDF.
Is Texas a 50/50 custody state?
Not automatically. Texas presumes both parents share decisions as joint managing conservators, but that does not require equal time. For a child aged three or older, the Standard Possession Order is presumed reasonable unless parents agree otherwise.
What are a father's rights in Texas?
A married or legally established father has the same standing as the mother. Family Code 153.003 bars favoring either parent by sex. An unmarried father first needs paternity established.
What is the new child custody law in Texas?
Several 2025 laws changed custody. Denied visits now bring make-up time, repeated denial can change an order, and school choice became a named parental right.
How do I file for custody in Texas without a lawyer?
File in the county where the child lives. TexasLawHelp.org has free forms for agreed and default cases. Contested cases usually need a lawyer.
What is the Standard Possession Order in Texas?
It is the default schedule for a child aged three or older. Within 100 miles, it includes the first, third and fifth weekends, Thursday evenings and 30 days in summer.
How far can I move with my child in Texas?
It depends on the geographic area in your order. Orders usually require 60 days' notice of an address change by certified or registered mail.
Sources
This page summarizes the Texas Family Code as amended through 2025. It also draws on Texas Attorney General and State Law Library guidance, as of October 2026. It explains the law in general terms and is not legal advice.
- Texas Family Code chapter 153 โ conservatorship, possession and access checked
- Texas Family Code chapter 156 โ modification checked
- Texas Family Code chapter 105 โ notice of a change of address checked
- Texas Family Code chapter 160 โ paternity and the Acknowledgment of Paternity checked
- Texas Family Code chapter 157 โ enforcement and make-up time checked
- Texas Attorney General โ paternity checked
- Texas State Law Library โ child custody guide checked
- TexasLawHelp โ custody orders for a parent (agreed and default cases) checked
- Texas HB 3181 (2025) โ make-up time and repeated denial of possession checked
- Texas HB 2495 (2025) โ the right to choose and enroll the child's school checked