Child custody in Texas involves two distinct components: conservatorship (legal custody, meaning decision-making authority) and possession and access (physical custody, meaning where the child lives and when). Texas courts address both in every custody order, and the default for most cases is joint managing conservatorship — meaning both parents share decision-making authority — even if the child primarily lives with one parent.
Texas law includes a rebuttable presumption that the standard possession order — a specific schedule set out in the Texas Family Code — serves the best interest of a child who lives more than 100 miles from the other parent. For parents closer together, a modified schedule may apply. Parents can agree to different arrangements, and courts will generally approve agreed schedules that are in the child's best interest.
The best-interest standard requires courts to consider specific statutory factors, including the child's physical and emotional needs, each parent's ability to provide a stable environment, each parent's involvement in the child's daily life, and the child's own preferences (to the extent the court finds the child mature enough to express a preference). There is no presumption favoring mothers or fathers.
Travis County family courts have specific local rules and procedures for temporary orders hearings — which often happen early in a case and set the initial custody and possession schedule while the case is pending. These hearings are contested and matter significantly. Your attorney's familiarity with how Travis County judges handle temporary orders is directly relevant to your case.
What You Need to Know
Key Facts About This Case Type
Joint managing conservatorship is the default
Most Texas custody orders name both parents as joint managing conservators — meaning both share decision-making. One parent typically has the primary residence designation and broader possession time.
Standard possession order
The Texas Family Code defines a standard possession schedule. Courts typically use it unless there are specific reasons to deviate. An attorney advises on whether your situation warrants a modified schedule.
Best interest factors are codified
Texas Family Code §153.002 and related sections define the best interest factors courts must consider. Your attorney presents evidence on each relevant factor in the context of your specific situation.
Temporary orders set the initial schedule
Temporary orders hearings in Travis County happen early in the case and establish interim custody and possession. These are contested and can affect the final order. Your attorney needs to be ready for this hearing.
Common Questions
Frequently Asked Questions
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