Grandparents' Rights
The narrow path for non-parents seeking access.
Possession and access — the schedule
Texas has a standard possession order, and there is a rebuttable presumption that it provides reasonable minimum possession and is in the child's best interest (Tex. Fam. Code § 153.252). Its general terms apply without regard to how far apart the parents live (Tex. Fam. Code § 153.316); distance changes the weekend and holiday mechanics, not the framework.
Judges depart from the standard order when the facts warrant it — a child under three, a work schedule that makes Thursday evenings impossible, a parent who has not been part of the child's daily life, safety concerns. Departures are argued, not assumed.
How This Plays Out in Practice
The narrow path for non-parents seeking access. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
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.
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.