Possession Schedules
The standard order, and when courts depart from it.
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 standard order, and when courts depart from it. 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
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.