Questions About Texas Child Custody
Each answer cites the section of the Texas Family Code that governs it.
Does Texas favor mothers in custody cases?
No. Texas Family Code § 153.003 prohibits the court from considering the sex of a parent or the child in determining conservatorship. The governing standard is the best interest of the child under § 153.002, and § 153.131 creates a rebuttable presumption that appointing both parents joint managing conservators serves that interest.
Does joint custody mean equal time?
No. Joint managing conservatorship under Texas Family Code § 153.131 allocates decision-making rights and duties between the parents. It is separate from the possession schedule. Parents are commonly named joint managing conservators while one holds the exclusive right to determine the child's primary residence and the other exercises a possession order.
Can my 12-year-old decide which parent to live with?
A child cannot decide, but a child 12 or older has a right to be heard. Under Texas Family Code § 153.009, on a party's application the judge must interview a child 12 or older in chambers about conservatorship or about who determines primary residence. The judge weighs the child's wishes alongside every other best-interest factor and is not bound by them.
Can I stop visitation if my ex is behind on child support?
No, and doing so puts you in violation of the order. Texas Family Code § 153.001(b) forbids a court from conditioning a conservator's right to possession or access on the payment of child support. The two obligations are enforced separately. Unpaid support is addressed through an enforcement action, not by withholding the child.
What does it take to change a custody order?
Under Texas Family Code § 156.101, modification requires that the change be in the child's best interest plus one of several grounds: a material and substantial change in circumstances since the order was rendered, a child 12 or older telling the court in chambers who they want to determine primary residence, or the conservator with that right having voluntarily relinquished primary care for at least six months.
What is a standard possession order?
It is the possession schedule set out in Subchapter F of Chapter 153. Texas Family Code § 153.252 creates a rebuttable presumption that it provides reasonable minimum possession for a parent named possessory conservator or joint managing conservator and is in the child's best interest. Section 153.316 sets general terms that apply regardless of how far apart the parents live.