36.6% of marriages in the US end in divorce, and most of them have children.

When parents divorce and separate from one another, there are a lot of issues that arise. One of the major ones is child custody matters.

If you and your ex-spouse seek a resolution for custody of your children, you should understand how the system works.

Read this guide to learn about child custody laws in Texas and how they apply.

Possession and Access

How Is Child Custody Determined

Parents claiming custody should be aware of the two types of custody in Texas. These types are possession and access and conservatorship.

Possession and access are used in Texas to describe the times each parent has the child. “Possession” is defined as the right to have a child live with a person, and “access” is the right to visit or spend time with a child.

The Texas Family Code has standard possession orders, the default possession orders if the parents cannot agree on a possession schedule.

The standard possession order for a parent with sole physical custody is every other weekend from Friday at 6 p.m. to Sunday and one weekday evening. The standard possession order for a parent with joint physical custody is every other weekend from Friday at 6 p.m. to Sunday, one weekday evening, and one weekday lunch hour.

The court will also specify which parent has the right to determine the child’s primary residence. It will also make orders regarding possession and access to the child. These orders will be based on the child’s best interests and will consider the child’s age, health, and safety, as well as the child’s relationship with each parent.


In Texas, a conservatorship is often referred to as “child custody.” The terms conservatorship and custody are used interchangeably in Texas. A “conservator” is a person who is appointed by the court to make decisions regarding a child’s welfare, including decisions about the child’s education, health care, and religious upbringing.

There are two types of conservatorship in Texas: joint managing conservatorship and sole managing conservatorship. The court will appoint one or both parents as a child’s conservator, depending on the circumstances of the case.

Types of Child Custody

Joint Managing Conservatorship

In a Joint Managing Conservatorship, both parents share the legal and physical custody of the child. This means they both have the right to decide about the child’s education, healthcare, and religious upbringing.

In a Joint Managing Conservatorship, the child will typically live with both parents. The child will have regular contact with both parents.

Sole Managing Conservatorship

Sole managing conservatorship gives one parent the right to decide on the child’s welfare. It includes decisions about education, health care, and religious upbringing.

The other parent retains the right to receive information about the child’s welfare and to have input into decisions. However, this other parent does not have the right to make decisions.

How is child custody determined

Understanding the Child Custody Laws in Texas

If you’re facing a child custody battle in Texas, it’s essential to understand the state’s laws. This guide provides an overview of the child custody laws in Texas. It includes information on how courts make custody decisions and what you can do to prepare for your case.

If you have questions about your specific situation, it’s best to consult an experienced child custody lawyer.

For more articles on family, relationships, and more, visit the rest of our blog!

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