Texas law does not use the term “custody” – it uses “conservatorship” (decision-making rights and duties) and “possession and access” (the parenting time schedule). Courts are directed to make these decisions based on the best interest of the child or children, which looks at many factors and considerations. Texas law starts from a presumption that parents should be named joint managing conservators, though the specific rights, duties, and possession schedule depend on the facts of each family.
Being named a joint managing conservator does not automatically mean equal time with the child, or that every decision must be made jointly or by agreement. Conservatorship is really a bundle of specific rights and duties – such as the right to designate the child’s primary residence, the right to consent to psychological or psychiatric treatment, and the right to make educational decisions – and a court can assign these individually, giving some jointly to both parents and others exclusively to one. Often, one parent is given the exclusive right to designate the child’s primary residence, sometimes limited to a specific geographic area, while many of the remaining rights are shared in some form or fashion.
In deciding what arrangement serves the child’s best interest, Texas courts consider a broad range of factors rather than any single test. In general terms, courts tend to look at each parent’s ability to meet the child’s physical and emotional needs, the stability of each proposed home environment, each parent’s willingness to foster a positive relationship between the child and the other parent, and any history of family violence, abuse, or neglect. If the child is of sufficient age and maturity (12+ years, under Texas law), the court may also take the child’s wishes into account, though a child does not simply get to choose which parent to live with. More importantly, the judge does not have to order what the child wants and can actually order the exact opposite, if the court finds it to be in the child’s best interest.
Once conservatorship is decided, the court also sets a possession and access schedule – which will say when each parent has time with the child. Texas has a statutory framework commonly used as the starting point for these schedules, though courts can and do deviate from it based on circumstances such as the child’s age, the distance between the parents’ homes, and each parent’s work schedule. If the parties are working together on a possession and access schedule, it can be fully customizable to the parents and the child; there is not as much customization that can be done if the matter goes before a judge.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.