Custody Laws in Texas (2026): What Parents Really Need
Most people think custody means one parent wins and the other loses. That’s not how Texas sees it. The state wants both parents involved in their kids’ lives. Pretty straightforward when you think about it.
Texas changed some major custody rules in 2025. If you’re dealing with custody issues now, these updates matter. They affect everything from visitation schedules to who makes decisions about your child’s life.
Let’s break down what you actually need to know.
What Is Custody in Texas?
Here’s the thing. Texas doesn’t even use the word “custody.” They call it “conservatorship” instead.
Confusing? A little bit.
But it’s actually simpler than it sounds. A conservator is just the legal term for someone who has rights and duties toward a child. Usually, that’s a parent. Sometimes it’s a grandparent or another adult.
Think of conservatorship as your legal relationship with your child. It determines who makes decisions about school, healthcare, and where the child lives.
Types of Conservatorship
Texas has three main types. Each one gives different levels of responsibility.
Joint Managing Conservatorship
This is the most common setup in Texas. Texas law actually presumes both parents should be joint managing conservators. That means the state thinks parents should work together.
With joint conservatorship, both parents share decision-making duties. You both get a say in major choices about your child’s life. Education decisions? Healthcare choices? You work together on these.
Hold on, this part is important. Joint conservatorship does NOT mean equal time with your child. Most people get this wrong. It’s about decision-making, not about splitting days 50/50.
One parent still typically gets to decide where the child primarily lives. That parent is called the “custodial parent.” The other is the “possessory” parent.
Sole Managing Conservatorship
One parent gets most of the decision-making power here. The other parent becomes a possessory conservator with visitation rights.
This happens when there’s a good reason. Family violence. Child abuse. Neglect. Serious drug problems. These are the situations where a judge might give one parent sole control.
Texas doesn’t hand out sole conservatorship easily. The courts prefer both parents involved when possible.
Possessory Conservatorship
This parent has the right to spend time with the child. They can make everyday decisions during their parenting time. But they don’t get final say on big choices.
Even as a possessory conservator, you still have important rights. You can access your child’s medical records. You can talk to their teachers. You stay involved in their life.
Wondering if this applies to you? If your co-parent has sole conservatorship, you’re likely the possessory conservator.
What Changed in 2025?
Texas lawmakers passed several bills that took effect September 1, 2025. Some of these changes are pretty significant.
Stronger Parental Rights
Parents now have better protection against non-parents trying to get custody. New laws made it much harder for grandparents, aunts, uncles, or other relatives to override parental rights.
Non-parents now have to file a sworn affidavit right at the start. They must prove that denying them custody would “significantly impair” the child’s health or development. Without this affidavit? The court dismisses the case.
The law now explicitly says parents are presumed to act in their child’s best interest. Being with a parent is presumed best for the child. That’s a big deal for protecting parental rights.
Extended Standard Possession Order
This one’s interesting. Texas created a new option called the Extended Standard Possession Order, or ESPO.
ESPOs give non-custodial parents more time with their kids. Thursday overnights become standard. Weekend visits extend until Monday morning instead of Sunday evening.
It’s not quite 50/50 custody. But it’s close. Texas believes kids benefit from spending more time with both parents.
You don’t automatically get an ESPO. It only applies to new custody orders filed after September 1, 2025. If you already have an order, you’d need to request a modification.
Better Protective Order Integration
Judges now get full access to protective order details during custody cases. This helps them make safer decisions about parenting arrangements.
If there’s been domestic violence, the judge can see all the evidence. They use it to protect kids from dangerous situations.
New Child Support Guidelines
The income cap for calculating child support jumped from $9,200 to $11,700 per month. That’s a $2,500 increase.
For one child, the maximum monthly support went from $1,840 to $2,340. For two kids, it increased from $2,300 to $2,925. These changes reflect inflation and rising costs of raising children.
This change affects any case filed on or after September 1, 2025. Existing orders stay the same unless someone requests a modification.
Standard Possession Order Schedules
Most custody orders include a Standard Possession Order. This is basically a schedule that sets parenting time for each parent.
The SPO gives the non-custodial parent specific times with the child. First, third, and fifth weekends of each month. Thursday evenings for a couple hours. Alternating holidays. At least one month in summer.
Parents Living Close Together
If parents live within 100 miles of each other, the standard schedule works pretty simply. Non-custodial parents get the child from 6 PM Friday to 6 PM Sunday on their weekends.
Thursday visits run from 6 PM to 8 PM. Or parents can elect to extend these to overnight visits on Thursdays.
Parents Living Far Apart
When parents live more than 100 miles apart, the schedule changes. The non-custodial parent can choose one weekend per month instead of every first, third, and fifth weekend.
They must give 14 days’ notice in writing. The election for this schedule must be made within 90 days after parents start living more than 100 miles apart.
How Judges Decide Custody
Texas judges use something called the “best interest of the child” standard. This is the foundation of every custody decision.
But what does “best interest” actually mean? Pretty much what it sounds like. The judge looks at what arrangement will be best for the child’s wellbeing.
The Holley Factors
Courts use guidelines from a 1976 case called Holley v. Adams. These are the famous “Holley factors” that judges consider.
The child’s wishes matter. If a child is old enough to express preferences, the judge listens. Kids 12 and older must be interviewed by the judge if either parent requests it.
Emotional and physical needs come into play. Current needs and future ones. Judges think about what the child requires now and what they’ll need as they grow up.
Parental abilities get examined closely. Can each parent meet the child’s needs? Do they understand child development? Are they involved in the child’s life?
Home stability is crucial. Which home provides the most consistent, safe environment? Stability matters for a child’s sense of security.
Any acts or omissions by a parent count. If a parent has done things that harm the parent-child relationship, the judge considers it. Same goes if they’ve neglected the child’s needs.
Programs available to help parents factor in. Are there resources to support each parent in meeting the child’s needs?
Plans for the child’s future matter. What’s each parent’s vision for raising the child? How will they support the child’s growth and development?
Physical and emotional danger gets serious attention. Any history of abuse, violence, or neglect weighs heavily. The child’s safety is paramount.
Excuses for parental actions or omissions are heard. Parents can explain their circumstances. The judge considers the full context.
These factors aren’t exhaustive. Judges can consider other relevant circumstances in each case.
Family Violence Changes Everything
If there’s a history of family violence, the rules shift. Texas law says parents should NOT be named joint managing conservators if there’s been a pattern of violence.
The court may award sole managing conservatorship instead. They prioritize the child’s safety above all else.
Protective orders now integrate directly into custody decisions. Judges see the full picture of any abuse or threats.
Children’s Preferences
Kids don’t get to decide custody. But their voices matter.
Starting at age 12, children have the right to express their wishes to the judge. The court must interview the child if either parent requests it.
Just because a child expresses a preference does not automatically lend it to being the decision that is in the best interest of a child.
Honestly, this is the part most people miss. A 13-year-old might prefer the parent with fewer rules. That doesn’t mean it’s the better choice for their development.
The judge weighs the child’s preference alongside all other factors. They’re looking at the bigger picture of what serves the child’s needs.
Filing for Custody
To get a court order for custody, you file something called a SAPCR. That stands for Suit Affecting the Parent-Child Relationship.
Say it like “sap-sir.” Everyone in family court uses this term.
The SAPCR is your formal request to the court. It’s how you establish custody, visitation, and child support. You can file this during a divorce or separately if you were never married.
What You Need
You’ll need your child’s birth certificate. As of 2025, Texas requires certified birth certificates when filing suit.
You may need affidavits proving you have standing to file. This is especially important for non-parents seeking custody.
Documents showing any relevant history help. School records. Medical records. Evidence of involvement in the child’s life.
Modifying Existing Orders
Life changes. Sometimes custody arrangements need to change too.
You can request a modification if there’s been a material and substantial change in circumstances. Moving to a new city. Job changes. Remarriage. New safety concerns. These might qualify.
Wait, it gets better. The 2025 changes to child support guidelines might give you grounds for modification. If your original order was calculated under the old $9,200 cap, you could request an update.
There’s usually a one-year waiting period before you can modify custody. Exceptions exist for situations involving the child’s safety or if the custodial parent agrees.
Geographic Restrictions
Most custody orders include geographic restrictions. This limits where the custodial parent can live with the child.
Common restrictions include staying within a certain county. Or within a specific school district. Sometimes it’s a certain number of miles from the other parent.
These restrictions help maintain the child’s relationship with both parents. They keep the other parent geographically close enough for regular visits.
Not sure what counts as a violation? Moving outside the restricted area without court permission is contempt of court. That’s serious.
Enforcement of Custody Orders
Court orders aren’t suggestions. They’re legally binding.
If your co-parent denies you court-ordered time with your child, you have options. You can file for enforcement. The court can hold the other parent in contempt.
Penalties for contempt of custody orders got tougher in 2025. Repeat violators cannot be given community supervision. They face actual jail time.
Missed parenting time must be made up. At double the duration. So if you missed a weekend, you get two weekends to make up for it.
When You Need Legal Help
Some situations definitely require a lawyer. Cases involving family violence. Complex custody disputes. Modifications. DFPS involvement.
You can represent yourself in family court. It’s allowed. But custody cases get complicated fast.
Right? The legal system has its own language and procedures.
Free legal help exists for low-income families. Check with legal aid organizations in your area. The Texas Attorney General’s office also offers resources.
Special Protections for Children
Texas courts take child safety seriously. Very seriously.
The state now bans certain controversial counseling practices in custody cases. Courts cannot order children to be isolated from family, school, or community. No overnight stays as part of therapy. No transporting children using threats or force.
These changes protect kids from harmful “reunification” programs that some courts used to order.
DFPS Involvement
Sometimes the Department of Family and Protective Services gets involved. This happens when there are concerns about abuse or neglect.
Senate Bill 1398 updated how DFPS cases work. The law emphasizes reunification efforts and community-based placements when possible.
If DFPS has removed your child, you get more opportunities to show you’re working toward reunification. The system tries to keep families together when it’s safe.
Standing to File
Not everyone can file for custody. You need “standing” to bring a case to court.
Parents always have standing. Biological parents. Adoptive parents. Legal parents.
As of 2025, more relatives now have standing too. The law expanded from three degrees of consanguinity to four degrees. Great-grandparents, great aunts and uncles, and second cousins can now file for custody or visitation.
Stepparents and non-biological same-sex parents face challenges. Texas law doesn’t provide them a clear path to file for custody. This was a controversial part of the 2025 changes.
Grandparents’ Rights
Grandparents can seek visitation or custody under certain circumstances. They must prove that denying access would significantly harm the child’s physical health or emotional wellbeing.
The bar is high. Courts presume parents make the right decisions about who sees their children.
But grandparents aren’t shut out completely. In cases where a parent is absent, incarcerated, or unfit, grandparents have better chances.
Mediation
Many custody disputes get resolved through mediation instead of trial. You’re gonna love this one.
Mediation is less adversarial. A neutral third party helps parents work out an agreement. You have more control over the outcome than if a judge decides.
Texas courts often require mediation before allowing a custody case to go to trial. It saves time and money. It reduces stress on everyone, especially the child.
If you reach an agreement in mediation, the mediator writes it up. Both parents sign. Then a judge reviews and approves it. Once approved, it becomes a binding court order.
School Enrollment Authority
New in 2025: Parents now have explicit authority to choose and enroll their child in school. This applies to managing conservators and even nonparent conservators.
School enrollment disputes between parents should become more straightforward. The law is clearer now about who has this authority.
Frequently Asked Questions
Can I move out of state with my child?
Not without permission. Most custody orders restrict where the child can live. You need either the other parent’s written agreement or court permission to move. Filing for a modification is required.
What if my co-parent won’t let me see my child?
Document everything. Keep records of denied visitation. Then file an enforcement action with the court. Texas takes violations of custody orders seriously.
How long does a custody case take?
It varies. Uncontested cases might resolve in a few months. Contested cases with trials can take a year or more. Mediation speeds things up considerably.
Can I get full custody if my ex uses drugs?
Maybe. Substance abuse is a serious factor. But you need evidence. Failed drug tests. Arrest records. Documentation of how it affects the child. The court will consider it alongside other factors.
What happens if parents can’t agree on anything?
The judge decides for you. That’s why mediation is encouraged. When you let a judge decide, you lose control over the outcome. Most parents prefer reaching their own agreement.
Final Thoughts
Texas custody law centers on one simple idea. Kids need both parents when it’s safe and possible.
The 2025 changes strengthened parental rights. They expanded visitation for non-custodial parents. They improved child support calculations. And they added better protections against family violence.
If you’re dealing with custody issues, document everything. Keep communication records. Track your involvement in your child’s life. This evidence matters if you end up in court.
Stay informed, stay involved, and when in doubt, talk to a family lawyer. Your child’s wellbeing depends on getting this right.