What if you lose your kids?
Right now, while you’re reading this, your ex might be building a case to take your children away. Every missed pickup, every argument, every “small” mistake—they’re documenting it all.
Texas judges decide who gets custody based on specific legal factors. Know them, or risk losing everything that matters. Here’s exactly what Texas courts look for and how to protect your parental rights.
Custody cases are complex, but you don’t have to face them alone. Our skilled Texas family law attorney will guide you every step of the way and fight for what matters most.
What Does "Best Interest of the Child" Mean in Texas?
The Texas Family Code requires judges to make decisions based on the best interest of the child in all custody matters. This isn’t just a legal phrase—it’s a fundamental principle that guides every child custody decision in Texas family courts.
Knowing Texas custody factors is essential for any parent going through the family court system. The interest of the child standard ensures that your child’s physical and emotional safety comes first, decisions prioritize long-term well-being over parental preferences, and each family’s unique circumstances receive careful consideration.
The “best interest of the child” standard ensures that:
- Your child’s physical and emotional safety comes first
- Decisions prioritize long-term well-being over parental preferences
- Each family’s unique circumstances receive careful consideration
- Both parents have opportunities to maintain meaningful relationships with their children
Texas courts refer to the “Holley factors” from the case Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), to assess the child’s best interests. These Texas custody factors provide judges with a comprehensive framework for evaluating custody situations and determining appropriate parental rights arrangements.
Core factors judges consider include:
- Physical and emotional needs of the child (both current and future requirements)
- Each parent’s ability to provide stability and meet the child’s needs
- Past parental involvement in the child’s daily life and activities
- Potential danger to the child from domestic violence, substance abuse, or neglect
- Child’s preferences (particularly for children 12 years and older)
- Family and community ties that support the child’s development
💡 Judges don’t just look at checklists—they consider a child’s emotional development, parental involvement, and how each home environment supports long-term well-being.
The McConathy Difference
At the Law Offices of Richard C. McConathy, we understand how proper preparation and presentation of these factors can dramatically impact child custody outcomes.
Our experienced family law attorney team helps parents document their involvement in school activities, medical appointments, and daily care routines to demonstrate their commitment to the child’s best interests.
Key Factors Texas Courts Consider in Child Custody Cases
Knowing what Texas judges evaluate can help you prepare effectively for your custody case. Let’s examine each critical factor in detail:
Emotional and Physical Needs Assessment
The court will consider the needs of the child, based on their age and development now and in the future. Judges want to see evidence that each parent understands and can meet these evolving needs.
What courts examine:
- Medical care coordination and health insurance provision
- Educational support and academic involvement
- Emotional support during difficult transitions
- Age-appropriate guidance and supervision
- Special needs accommodation (if applicable)
Hypothetical Scenario: Sarah and Mike are divorcing, and their 10-year-old daughter Emma has ADHD. The court will consider which parent has been more involved in managing Emma’s medication, attending therapy sessions, and working with teachers to ensure academic success. This type of child custody case requires careful documentation of each parent’s involvement in addressing the child’s special needs.
Parental Ability to Provide Stability
Stability is essential for a child’s growth and overall well-being, so Texas judges will consider factors such as each parent’s ability to maintain a stable home, reliable job, and dependable child care.
Stability indicators include:
- Housing consistency: Secure, appropriate living arrangements
- Employment reliability: Steady income and work schedule flexibility
- Childcare arrangements: Reliable backup care during work hours
- Community connections: School district stability and support networks
- Routine maintenance: Consistent bedtimes, meal schedules, and activities
| Stability Factor | What Courts Look For | Red Flags |
|---|---|---|
| Housing | Safe, permanent residence | Frequent moves, overcrowding |
| Employment | Steady job with adequate income | Job instability, excessive travel |
| Relationships | Stable adult relationships | A revolving door of partners |
| Childcare | Reliable, consistent arrangements | Last-minute changes, unsuitable caregivers |
Past Parental Involvement History
The court will consider how much each parent has been involved in the child’s life.
In families where there has been the “primary care” parent, who stayed home from work when the child was sick, attended doctors’ appointments and parent-teacher meetings, and enrolled the child in extra-curricular activities, then that parent may have an advantage when seeking joint custody in Texas or sole managing conservatorship.
Documentation that matters:
- School attendance and participation records
- Medical appointment history and health decisions
- Extracurricular activity involvement and transportation
- Daily caregiving responsibilities (meals, homework, bedtime routines)
- Emergency response and availability during crises
Potential Danger Assessment
Texas courts take any threat to a child’s safety extremely seriously. A documented history of domestic violence can significantly impact a custody case. The court’s primary concern is ensuring the child’s safety, and one parent with a history of family violence may face restrictions on custody or visitation rights.
Serious concerns that impact custody:
- Domestic violence history or current protective orders
- Substance abuse problems affecting parenting ability
- Child abuse or neglect allegations with evidence
- Mental health issues that impair judgment or safety
- Criminal activity that demonstrates poor decision-making
Knowing how courts evaluate these concerns is essential for protecting your parental rights. If you’re facing false allegations in your custody case, having our experienced attorney becomes even more important to present the facts clearly and protect your relationship with your child.
Child's Preferences and Voice
Beginning at approximately age 12, the court may consider the child’s preferences when determining where they live or how much time they spend with each parent. The court is not bound by the preferences of the child.
Important considerations about child preferences:
- Children 12 and older can express their wishes to the judge
- The child’s maturity level affects how much weight their preference carries
- Judges look for genuine preferences, not parental influence or coaching
- Never pressure your child to choose sides or express preferences
Before you speak to your child about his or her “preference,” make sure you talk with our lawyer and/or your child’s counselor to prevent placing undue stress on the child or putting yourself in a position of being accused of trying to prejudice the child.
Every custody case is unique—and preparation makes all the difference. Contact us today to discuss your situation and get trusted legal guidance tailored to your family’s needs.
Understanding Conservatorship in Texas
Texas doesn’t use traditional “custody” terminology. Instead, Texas law refers to “conservatorship,” which defines your legal relationship with your child and decision-making authority. Knowing child conservatorship in Texas is essential for protecting your parental rights and ensuring the best outcomes for your children.
⚖️ Texas courts distinguish between decision-making and physical custody. Knowing this difference is essential when negotiating fair terms.
Types of Conservators in Texas
In Texas, the legal word for custody is “conservatorship.” The words “custody” and “conservatorship” describe your relationship with a child when there is a court order.
Mothers facing custody disputes in Texas can benefit from knowing the legal strategies that improve their chances of success.
Joint Managing Conservatorship (JMC)
Texas law says that parents should usually be named joint managing conservators. A joint conservatorship order means the parents share decision-making about most issues, including education and healthcare. Joint custody in Texas doesn’t necessarily mean equal time-sharing, but it does mean equal decision-making authority on major issues affecting the child.
Key features of JMC:
- Both parents share major decision-making authority
- One parent typically determines the child’s primary residence
- Equal legal rights to access school and medical records
- Shared responsibility for important life decisions
- Does not require equal time-sharing
Sole Managing Conservatorship (SMC)
When there is a good reason to do so, one parent (or sometimes a nonparent) can be named the sole managing conservator. A sole managing conservator has the exclusive right to make most decisions about the child. Sole custody in Texas is more difficult to obtain than joint managing conservatorship due to the state’s preference for allowing both parents to remain involved in the child’s life.
Exclusive rights of an SMC include:
- Determining the child’s primary residence without geographic restrictions
- Making major medical and surgical decisions
- Choosing educational institutions and programs
- Consenting to psychiatric and psychological treatment
- Making decisions about extracurricular activities
However, unless there are circumstances like domestic violence, neglect, physical abuse (criminal activity), drug/alcohol abuse, or other actions that show extremely poor decision-making concerning a child’s well-being, a court may not disregard the joint managing conservator presumption.
Possessory Conservatorship
If one parent is named the sole managing conservator, the other parent is usually named the possessory conservator. Possessory conservators maintain important parental rights but don’t have final decision-making authority in their child custody case.
Rights retained by possessory conservators:
- Regular possession and access to the child
- Right to receive information about the child’s welfare
- Consent to routine medical and dental care during possession periods
- Access to school and medical records
- Right to attend school and extracurricular activities
Geographic Restrictions and Residence Decisions
One of the most significant aspects of conservatorship involves where your child can live. Courts often impose geographic restrictions to ensure both parents can maintain meaningful relationships with their children.
Common geographic restrictions:
- Within a specific county or school district
- Within a certain radius of the other parent
- Within the Dallas-Fort Worth metroplex
- Within Texas (for situations involving potential relocation)
Types of Possession and Access Orders
Texas has structured possession schedules to provide predictability and ensure children maintain relationships with both parents. Knowing the standard possession order, Texas options help parents know what to expect and plan accordingly.
Standard Possession Order (SPO)
The standard possession order in Texas provides a framework for most custody situations. Terms of the basic SPO allow the noncustodial parent to have possession of the child for a couple of hours every Thursday night; on the first, third, and fifth weekends of each month; on alternating holidays, and at least one month in the summer.
SPO Schedule Breakdown:
- Weekend visits: 1st, 3rd, and 5th weekends of each month (Friday evening to Sunday evening)
- Weeknight visits: Thursday evenings during the school year (typically 2 hours)
- Holiday schedule: Alternating major holidays between parents
- Summer possession: Extended period up to 30 consecutive days
- Spring break: Alternating years for spring break possession
Expanded Standard Possession Order (ESPO)
An expanded standard possession order in Texas is a schedule that is set by a judge and grants the non-primary parent two extra overnights with the child each week during the school year.
Enhanced features of ESPO:
- Thursday overnight visits (instead of just evening visits)
- Extended weekend periods (Friday after school through Monday morning)
- Non-primary parents who reside within 50 miles of their children may elect to have possession pursuant to the expanded provisions of the standard possession order, which allows non-primary parents to have possession of their children for 47% of the time
Modified Possession Orders
When the standard schedules don’t fit your family’s unique circumstances, courts can approve modified possession arrangements.
Common modifications include:
- 50/50 split schedules: Equal time with both parents
- Supervised visits: Required supervision due to safety concerns
- Graduated schedules: Increasing possession time over time (often for very young children)
- Long-distance arrangements: Modified schedules when parents live far apart
Hypothetical Example: James works as a pilot with an irregular schedule, flying international routes. Rather than the standard SPO, the court approved a modified schedule where he has possession for one full week per month when he’s in town, plus additional time during his extended breaks between flight assignments.
Can Child Support Affect Custody Decisions?
The short answer: No. Child support and custody are legally separate issues in Texas family law, though both stem from the best interest of the child standard.
Key principles:
- Payment or non-payment of child support cannot influence custody decisions
- Withholding visitation due to unpaid child support is prohibited
- Both parents have obligations regardless of the custody arrangement
- Texas courts calculate child support based on income and possession time
However, one parent’s financial ability to provide for the child is relevant to custody decisions. This includes:
- Adequate housing and living conditions
- Health insurance and medical care provision
- Educational expenses and extracurricular activities
- Basic necessities like food, clothing, and transportation
Hypothetical Case Example: Courts recognize that temporary financial setbacks don’t necessarily affect one parent’s ability to provide for their child long-term. A parent’s overall financial stability, savings, and ability to meet the child’s needs are more important than short-term employment changes. An experienced attorney can help present your complete financial picture effectively.
How Judges Assess Parental Schedules and Stability
Texas courts want to see the whole picture when considering child custody cases. Each case will be reviewed by a judge who will weigh all aspects and determine what is in the best interest of the child.
💼 Judges want to know that you can balance work and parenting without sacrificing either. Reliable routines often matter more than income.
Work Schedule Flexibility
Your ability to balance work responsibilities with parenting duties significantly impacts custody decisions.
Factors courts evaluate:
- Schedule predictability: Consistent work hours vs. unpredictable shifts
- Availability for emergencies: Ability to respond to school or medical emergencies
- School involvement capacity: Flexibility to attend conferences, performances, and activities
- Travel requirements: Extent of business travel and its impact on the child
- Childcare arrangements: Quality and consistency of backup care
Home Environment Assessment
Judges want to ensure your child has a safe, nurturing environment that supports their development.
What courts examine:
- Physical custody arrangements: Secure housing, neighborhood safety, child-proofing
- Age-appropriate accommodations: Separate bedroom space, study areas
- Emotional atmosphere: Calm, supportive environment free from conflict
- Extended family support: Involvement of grandparents and relatives
- Community connections: Proximity to schools, activities, and social networks
Co-Parenting Capability
Courts will be especially concerned when one parent discourages the child from having a relationship with the other parent, often called “alienation”.
Positive co-parenting behaviors:
- Encouraging the child’s relationship with the other parent
- Flexible communication about schedule changes
- Sharing important information about the child’s welfare
- Attending events together when appropriate
- Resolving conflicts away from the child
Problematic behaviors that hurt your case:
- Speaking negatively about the other parent to the child
- Interfering with the other parent’s possession time
- Making unilateral decisions about major issues
- Using the child as a messenger or spy
- Refusing to communicate or cooperate
Mediation vs. Litigation: Paths to a Custody Agreement
Most Texas family courts strongly encourage mediation before proceeding to trial. Knowing your options helps you make informed decisions about your approach to resolving your custody case.
The Benefits of Mediation
Texas encourages parents to work together to create a parenting plan that puts the child’s needs first. If parents can’t agree, mediation can help them find common ground.
Why mediation often works:
- Cost-effective: Significantly less expensive than lengthy litigation
- Time-efficient: Resolves issues in weeks rather than months or years
- Privacy protection: Keeps family matters out of public court records
- Customized solutions: Creates custody arrangements tailored to your family’s specific needs
- Reduced trauma: Minimizes emotional impact on children
- Better compliance: Parents are more likely to follow parenting plans they helped create
Mediation allows families to develop innovative custody arrangements that work for their specific circumstances. For instance, parents with demanding work schedules in different cities have successfully created alternating arrangements where children spend extended periods with each parent, with the non-custodial parent handling transportation logistics. These customized solutions often work better than standard court orders.
When Litigation Becomes Necessary
Despite the benefits of mediation, some situations require court intervention:
- Safety concerns: Allegations of child abuse, neglect, or domestic violence
- Substance abuse issues: When addiction affects parenting ability
- Mental health crises: Untreated conditions that impact child welfare
- Complete lack of cooperation: When one parent refuses to participate in good faith
- Complex legal issues: International custody disputes or relocation conflicts
Preparing for Court
If your custody case goes to trial, thorough preparation is essential. Richard C. McConathy and his team help clients build compelling cases by:
Evidence Collection:
- Financial records demonstrating stability
- School and medical records showing involvement
- Witness statements from teachers, coaches, and family friends
- Documentation of living arrangements and home environment
- Communication records showing cooperation attempts
Expert Witnesses:
- Child psychologists to assess best interests
- Custody evaluators for comprehensive family assessments
- Medical professionals for health-related concerns
- Educational specialists for special needs children
It’s time to take the first step in protecting your parental rights.
Schedule a free consultation with our Texas child custody attorneys and get a clear legal strategy tailored to your case.
What Happens in a Texas Child Custody Trial?
Knowing the trial process helps reduce anxiety and ensures you’re prepared for each phase.
Pre-Trial Procedures
Temporary Orders Hearing Most custody cases begin with temporary orders that establish arrangements during the divorce or modification process.
Discovery Process Both sides gather evidence through:
- Document requests and financial disclosures
- Depositions of parents and witnesses
- Interrogatories (written questions under oath)
- Requests for admissions
Custody Evaluation (if ordered) Courts may appoint neutral professionals to:
- Interview both parents and children
- Observe parent-child interactions
- Review home environments
- Provide recommendations to the court
Trial Proceedings
Opening Statements
Each attorney outlines their case and what they intend to prove.
Evidence Presentation
Key types of evidence may include:
- Witness testimony – from parents, family members, and experts
- Parenting documentation – involvement in daily care, school, and medical support
- Financial proof – income, employment records, and stability indicators
- Character evidence – reference letters and community standing
Cross-Examination
Opposing counsel questions witnesses to challenge their testimony.
Closing Arguments
Attorneys summarize the evidence and argue why their client’s position serves the child’s best interests.
Post-Trial Orders
The judge issues final orders addressing:
- Conservatorship designation (JMC or SMC)
- Possession and access schedules
- Geographic restrictions
- Decision-making authority
- Child support obligations
Orders become enforceable immediately, and violations can result in contempt of court charges.
📌 Knowing the phases of a trial—discovery, expert testimony, final orders—helps parents feel more in control during a deeply emotional process
Contact Our Texas Child Custody Lawyers Today
Managing Texas child custody requires experience, skill, and a deep knowledge of how courts apply the best interest standard to real families.
Why Choose the Law Offices of Richard C. McConathy:
- 35+ Years of Experience: Our team has handled thousands of family law cases across North Texas
- Proven Track Record: We’ve secured favorable outcomes in complex child custody disputes
- Comprehensive Approach: We handle everything from temporary orders to appeals
- Personalized Strategy: Every child custody case receives individual attention and customized legal strategies
- Local Court Knowledge: Deep familiarity with Dallas County and surrounding family courts
Our Services Include:
- Initial child custody establishment during divorce
- Custody modifications based on changed circumstances
- Emergency custody orders for immediate protection
- Enforcement of existing custody orders
- Grandparent and third-party custody cases
- Interstate and international custody disputes
- Mediation and collaborative law services
The child custody decisions made in your case will affect your relationship with your child for years to come—you need our Texas child custody lawyer, who will fight for your parental rights while keeping your child’s welfare at the center of every strategy.
Worried about losing custody of your child? Don’t wait—contact us at 197-230-38867 to speak directly with our family law attorney who will help you act fast.
Frequently Asked Questions
Which parent is more likely to get custody in Texas?
Texas courts don’t consider certain points, such as marital status, gender, or religion of a parent when determining custody. Texas family court custody decisions focus on the best interests of the child rather than parental preferences. The law presumes that joint managing conservatorship serves children’s best interests, meaning both parents typically share decision-making authority.
How can a parent lose custody rights?
Losing custody rights is serious and typically requires evidence of behavior that endangers the child’s welfare. Common scenarios include:
Immediate concerns:
- Physical or sexual abuse of the child
- Severe neglect or abandonment
- Domestic violence in the child’s presence
- Substance abuse affects parenting ability
- Mental health crises posing safety risks
Pattern-based concerns:
- Chronic instability in housing or employment
- Consistent violation of court orders
- Parental alienation and interference with the other parent’s rights
- Criminal activity demonstrating poor judgment
- Failure to meet the child’s basic physical or emotional needs
Does the child's preference decide custody?
The preference of a child is one factor, among many, that the court will consider in reaching its decision. While children 12 and older can express their wishes, judges consider numerous factors
How long does a Texas custody case take?
The timeline varies significantly based on case complexity and cooperation levels:
- Uncontested cases with agreements: 2-4 months
- Mediated resolutions: 3-6 months
- Contested cases requiring trial: 6-18 months
- Complex cases with appeals: 1-3 years
Can grandparents get custody or visitation?
Yes, but the State of Texas sets specific requirements. If a nonparent is named the sole managing conservator, both parents will usually be named possessory conservators.