Family Law
Child Custody
Conservatorship, possession and access, and child support in original suits and as part of divorce.
Texas does not use the word "custody" in its statutes. It uses "conservatorship," "possession and access," and "child support" to describe what other states call legal custody, physical custody, and support. The terminology matters because each piece is decided separately and can be modified separately.
Texas law presumes that parents should be appointed Joint Managing Conservators (JMCs). One parent is typically designated the conservator who has the exclusive right to determine the child's primary residence - what most people mean by "primary custody." The other parent typically has a Standard Possession Order schedule. Significant deviations require evidence and findings.
Child support is calculated under statutory guidelines tied to the obligor's net resources, with a cap that adjusts periodically. Health insurance, uninsured medical expenses, and child care can be added to the base support. Above-guidelines support requires proof of the child's proven needs and the obligor's ability.
We handle custody cases at every stage: original Suit Affecting the Parent-Child Relationship (SAPCR), divorce-related custody, post-divorce modifications, and enforcement of existing orders. We work with custody evaluators and amici when the court appoints them. We pay close attention to drafting orders that hold up in enforcement.
Common scenarios
Situations we see often
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Original SAPCR between never-married parents
Parents who never married need an order that fixes conservatorship, possession, and support. Without an order, neither parent has enforceable rights against the other.
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Modification of an existing order after job relocation
A parent's job change creates a need to modify the possession schedule and possibly support. Material and substantial change is the legal standard.
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Enforcement of a possession order after repeated denial
The other parent has been refusing visits. A motion for enforcement (and contempt where warranted) is the remedy, with attorneys' fees often available to the prevailing party.
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Custody dispute with allegations of family violence or substance abuse
Serious allegations require careful evidentiary work. Drug testing, supervised visitation, and tailored protective measures may all apply.
What to do
If this happens to you
Keep a detailed log of all parenting time, exchanges, missed visits, and significant communications. Texts and emails are far more reliable than memory when the case is contested. Make decisions about the child's welfare with the child's best interest visible to the court, not based on what hurts the other parent.
Avoid disparaging the other parent in front of the child or on social media. Family courts notice. Custody evaluators and amici routinely review social media history. Behave as you would want the judge to see it - because they often will.
How we help
How our firm can help
We get temporary orders in place quickly to stabilize the parenting schedule and finances during the case. We coordinate with custody evaluators and amici, prepare the parent for any required social study interviews, and develop the evidence to support the requested conservatorship and possession structure.
We draft enforceable orders. A vague schedule or undefined exchange location becomes a year of fights and motions later. We pay close attention to drafting so the order actually works.
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20% / 25% / 30%
guideline child support for 1 / 2 / 3 children of net monthly resources
Tex. Fam. Code 154.125
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12
age at which a child can express a preference about primary residence to the judge
Tex. Fam. Code 153.009
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Joint Managing
Conservatorship presumed in the child's best interest
Tex. Fam. Code 153.131
Common questions
Questions about Child Custody
What is a Standard Possession Order?
A statutory default schedule giving the non-primary parent the first, third, and fifth weekends of each month, Thursday evenings during the school year, and extended periods during holidays and summer. Many orders use this template; expanded SPOs and customized schedules are also common.
How is child support calculated?
A percentage of the obligor's net resources tied to the number of children: 20% for one child, 25% for two, 30% for three, and so on, applied to monthly net resources up to a statutory cap. Health insurance and uninsured medical costs are added separately.
Can a child choose which parent to live with?
A child 12 or older can be interviewed by the judge in chambers to express a preference. The preference is one factor, not a decision. The court still weighs the best-interest factors.
When can I modify my order?
Generally when there has been a material and substantial change in circumstances of the child or a party, when a child 12 or older has expressed a preference, or under specific timing rules for support modifications.
Related topics
More under Family Law
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