Child Custody

Overview of Child Custody (Conservatorship) in Texas

Under Texas Family Code, the term conservatorship replaces the traditional concept of “child custody.”  Conservatorship refers to the rights and duties of parents concerning their child’s upbringing (legal custody) and the possession and access schedule (physical custody).  A parent with legal custody has authority to make decisions about education, medical care, religion, and other major life choices.  Physical custody—or possession and access—covers where the child lives on a daily basis, including who provides meals, supervision and daily care.

Types of Conservatorship

Texas courts generally favor cooperative co‑parenting arrangements that preserve the child’s relationship with both parents.  The two main conservatorship structures are:

1. Joint Managing Conservatorship (JMC) – Both parents share decision‑making authority and work together on key choices such as where the child goes to school, what healthcare they receive, and how they spend holidays.  JMC doesn’t mean an exact 50/50 split of time; one parent usually has the right to determine the child’s primary residence (subject to geographic restrictions) and receives head‑of‑household tax benefits.  Courts look favorably on parents who can communicate and reach mutual agreements.
2. Sole Managing Conservatorship (SMC) – The court grants one parent the exclusive authority to make major decisions.  Reasons for awarding SMC can include concerns about the other parent’s substance abuse, domestic violence, neglect, or inability to co‑parent.  The non‑managing parent becomes a possessory conservator, receiving visitation rights and responsibilities but no decision‑making power.

The court’s primary objective in any conservatorship arrangement is the best interests of the child.  Judges consider factors like each parent’s stability, involvement in the child’s life, ability to meet the child’s emotional and physical needs, and willingness to support the other parent’s relationship with the child.  Austin courts rarely base custody decisions on gender; fathers and mothers have equal standing, but paternity must be legally established in cases involving unmarried parents‍.

Possession and Access (Visitation)

Texas uses Standard Possession Orders (SPOs) to define visitation schedules when parents cannot agree.  The SPO outlines weekends, holidays, and summer vacations.  However, parents can deviate by agreement or by submitting a customized parenting plan.  A well‑crafted parenting plan details:

• Which parent the child primarily resides with (primary conservator).  In equal‑time plans, parents sometimes rotate this status each year for tax purposes.
• The weekly schedule (e.g., the 1st, 3rd and 5th weekends, mid‑week dinners, or a 2‑2‑3 arrangement).
• Holiday and vacation arrangements (alternating major holidays, split summers).
• Communication guidelines and expectations about schooling, healthcare, extracurricular activities and discipline.
• Agreements not mandated by law but helpful for co‑parenting (e.g., refraining from disparaging the other parent, dividing extracurricular costs, establishing academic expectations).

Parents are encouraged to collaborate on a parenting plan because courts prefer arrangements crafted by those who know their child best.  If an agreement isn’t possible, each parent submits a proposed plan and the judge fashions an appropriate schedule.

Factors That Influence Custody Decisions

When determining conservatorship and possession schedules, Texas judges weigh several statutory and practical factors:

• Child’s best interests – The overriding consideration.  Courts evaluate the child’s age, physical and emotional needs, and each parent’s ability to meet those needs.
• Stability of each parent’s home – Judges examine living conditions, financial resources and support systems that will foster a stable environment.
• History of abuse or neglect – Evidence of domestic violence, substance abuse, or neglect can heavily influence custody determinations‍.
• Parental cooperation – A parent’s willingness to encourage a positive relationship with the other parent is critical because courts favor co‑parenting arrangements that reduce conflict.
• Child’s preference – When children are considered old enough (usually age 12 or older), their custodial preferences may be taken into account.
• Relocation and geographic restrictions – In many cases, the primary conservator’s right to determine residence is restricted to Travis County or contiguous counties.  Lifting geographic restrictions and moving the child out of state is possible but requires compelling evidence and often proceeds to a jury trial.
• Fitness of each parent – Allegations of unfitness must be supported with credible evidence such as police reports, medical records, and home studies.

Steps to File for Child Custody in Texas

Filing a custody case involves multiple steps and strict procedural rules.  The following process outlines the typical path to establishing conservatorship in Austin:

1. Understand Texas law – Become familiar with the Texas Family Code’s provisions on conservatorship, possession, and access.  Understanding legal terminology helps parents navigate the process.
2. Determine the type of conservatorship sought – Decide whether you’re seeking sole, joint, or possessory conservatorship.
3. Prepare necessary forms – Obtain the required petitions, affidavits and supporting documents from the court or online resources.
4. File with the appropriate court – Most family law cases are filed in the district court of the county where the child resides.  Pay applicable filing fees.
5. Serve the other parent – Proper service ensures the other parent receives notice of the suit and can respond.
6. Attend court hearings and mediation – Hearings may be required if parents dispute conservatorship.  Mediation offers an opportunity to negotiate a settlement before trial.
7. Follow court orders – Once an order is granted, comply with all terms regarding decision‑making, visitation and support.
8. Seek legal advice – Consulting with a qualified family lawyer helps ensure compliance and protects your rights.

Addressing High‑Conflict or Special Circumstances

Not all custody cases are straightforward.  High‑conflict situations may involve parental alienation, mental health concerns, substance abuse or domestic violence.  In these scenarios, the court may order supervised visitation, appoint mental health professionals, or issue protective orders to ensure safety‍.  Evidence such as texts, emails, school and medical records, testimony from teachers or counselors, and proof of stable living conditions becomes crucial.  Our attorneys work with experts to gather and present evidence, advocate for appropriate safeguards, and help clients develop parenting plans that address these special needs.

Modifying Existing Custody Orders

Life changes, and custody arrangements sometimes need to change, too.  To modify an existing conservatorship order, the requesting parent must demonstrate a material and substantial change in circumstances that affects the child’s wellbeing.  Examples include:

• Relocation to a new city or state
• Significant changes in a parent’s work schedule or health
• Evidence of abuse, neglect or substance misuse
• The child reaching an age where their preferences should be considered

The modification process involves filing a petition, serving the other parent, attending hearings, and presenting evidence that demonstrates why a modification is necessary.  Courts will only approve changes that serve the child’s best interests.  Having counsel ensures that your petition is properly drafted and supported.

Fathers’ Rights and Establishing Paternity

Texas law presumes that both fathers and mothers have equal rights to seek conservatorship.  However, if parents are unmarried, the father must establish paternity through an Acknowledgment of Paternity (AOP) or a court proceeding.  Once paternity is established, the father can pursue joint conservatorship and visitation rights.  In cases of paternity fraud, where someone is falsely identified as the biological father, legal action may be necessary to set aside incorrect acknowledgments and adjust child support obligations.  Our firm assists fathers in asserting their rights, establishing paternity, and crafting parenting plans that foster meaningful relationships.

Enforcement of Custody Orders

When one parent fails to comply with a custody or visitation order, enforcement proceedings may be necessary.  Texas courts can enforce orders through contempt proceedings, fines, makeup visitation, modification of orders, or, in extreme cases, confinement.  Enforcement actions require clear evidence of violations and strict adherence to procedural requirements.  We help clients document violations, file enforcement suits, and represent them at hearings to restore compliance and protect the child’s routine.

Why Choose Hennan Culp, PLLC?

• Local Knowledge and Experience – Our attorneys practice exclusively in family law and are deeply familiar with Travis County courts, judges and procedures.  We understand the nuances of Austin’s legal community and what judges expect from parenting plans.
• Client‑Centered Approach – We believe in honest communication and customized strategies.  Clients receive candid assessments of their case and a tailored roadmap for achieving their goals.
• Trial‑Ready Representation – While we strive to resolve cases through negotiation and mediation, we are seasoned litigators prepared to present your case to a judge or jury when necessary.
• Comprehensive Support – In addition to custody litigation, our firm handles related matters such as divorce, property division, child support, geographic restrictions, enforcement actions and appeals.  We also collaborate with mental health professionals, child development specialists and financial experts when appropriate.

Internal and External Resources

• Divorce – Learn how divorce proceedings intersect with custody matters.
• Modification Suits – Understand how to modify an existing custody order.
• Non Parent Rights – Explore the rights of non parents.
• Mediation – Read about mediating possession orders.
• Geographic Restrictions – Find out how relocation and geographic limits are addressed.
• State of Texas Family Code – Review the official statutes governing conservatorship, possession and access.
• Travis County District Clerk – Access local court information and filing requirements.

How We Can Help You

If you’re facing a child custody dispute in Austin, schedule a consultation with our legal team.  We will listen to your story, explain your rights, and develop a comprehensive plan to protect your child’s best interests.  Reach out today to start building a stronger future for your family.

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