What Are My Custody Rights in Texas?
Daniel Ogbeide
A woman is holding a wedding ring on her finger.

One of the most emotionally charged aspects of divorce or separation is determining who gets custody of the children. Texas child custody laws focus on the child’s best interests—but how does that affect your rights as a parent? Here’s what you need to know.

1. Understanding “Conservatorship” in Texas

Texas doesn’t use the term "custody" in legal documents. Instead, it refers to:

  • Managing Conservatorship – Decision-making rights

  • Possessory Conservatorship – Physical possession and visitation

Most parents are appointed Joint Managing Conservators, meaning they share decision-making responsibilities unless the court finds a reason not to.

2. Legal vs. Physical Custody

  • Legal Custody: The right to make decisions about education, health care, and religion.

  • Physical Custody: Where the child lives and who has day-to-day responsibilities.

In Texas, joint conservatorship often means one parent has the child most of the time, while the other has standard visitation rights.

3. How Texas Courts Decide Custody

Judges consider several factors, including:

  • The child’s best interests

  • Parental abilities

  • Stability of the home

  • History of family violence or neglect

Child preferences may be considered for children over age 12.

4. Visitation Rights in Texas

Texas typically uses a Standard Possession Order (SPO), which sets out specific visitation times unless parents agree otherwise. Non-custodial parents are entitled to regular time unless visitation poses a danger to the child.

Conclusion

Texas child custody laws aim to protect the well-being of the child while maintaining a meaningful relationship with both parents. If you’re navigating conservatorship or visitation rights, consulting a knowledgeable attorney is key to understanding your rights.