Child Custody in Texas: Conservatorship, the Standard Possession Order and Age 12

Texas law doesn't use the word "custody." It speaks of conservatorship, meaning the rights and duties of a parent, and possession and access, meaning the schedule of time with the child. The two are decided separately, which is why parents can be "joint managing conservators" while the child lives mostly with one of them.

Every decision turns on one standard. Family Code § 153.002(a):

(a) The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

Conservatorship: rights and duties

Even in a joint conservatorship, one parent usually has the exclusive right to designate the child's primary residence, often within a stated geographic area. When the court orders joint conservatorship without the parents' agreement, § 153.134(b)(1) requires the order to set that area or to allow the child to live anywhere.

Since September 1, 2025, a sole managing conservator's statutory rights expressly include designating the child's school and enrolling the child in it (§ 153.132(8)).

The joint conservatorship presumption

Family Code § 153.131(b):

(b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection.

This presumption is about shared rights and duties, not equal time. Whether time is split evenly is a separate question, answered by the possession order.

The standard possession order

Texas has a statutory default schedule, and the law presumes it is reasonable. Family Code § 153.252:

In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and (2) is in the best interest of the child.

For parents who live 100 miles or less apart, the standard order (§ 153.312) gives the parent who doesn't have the primary residence:

• weekends "beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday";
• Thursday evenings from 6 to 8 p.m. during the school term;
• 30 days in the summer, chosen with written notice by April 1 (July 1 to 31 if no notice is given); and
• alternating holidays set out in the statute.

For parents more than 100 miles apart, § 153.313 substitutes one weekend a month as an option, spring break every year and 42 days in the summer.

The standard order is designed for children three and older. For younger children, the court sets a schedule using the factors in § 153.254.

The 50-mile rule

Since 2021, if the parent without the primary residence lives 50 miles or less from the child, the court must use the expanded version of the standard order: possession generally begins when school lets out and ends when school resumes, as if that parent had elected those times (§ 153.3171(a)). The court doesn't have to do this if the parent declines it, if possession is being restricted because of family violence, or if the court finds the expanded times are not in the child's best interest (§ 153.3171(b)).

The schedule is a minimum and a default. Parents can agree to any schedule they like, including equal time, and the court can order something different for good reason, guided by the standard order (§ 153.256).

What judges consider

The Family Code does not have one list of custody factors. For a court-ordered joint conservatorship, § 153.134(a) lists considerations such as whether the child's physical, psychological or emotional needs will benefit from joint conservatorship, whether the parents can put the child first and reach shared decisions, whether each parent supports the child's relationship with the other, each parent's involvement before the suit, the distance between their homes, and, for a child 12 or older, the child's preference. Beyond that list, Texas courts look to a set of best-interest factors developed in their own decisions.

Can a child choose at 12?

A child's wishes count, but the child doesn't decide. Family Code § 153.009(a) provides that, on the application of a party, "the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence." Under § 153.009(c), "Interviewing a child does not diminish the discretion of the court in determining the best interests of the child." The judge weighs the child's view along with everything else.

Family violence

Evidence of abuse changes the outcome sharply. Family Code § 153.004(b):

(b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child.

The court must also consider abuse committed within two years before the suit or during it (§ 153.004(a)), and a parent with a history or pattern of family violence in that period may be denied access unless the court finds access safe and in the child's best interest, often with supervision (§ 153.004(d), (d-1)). There is also a rebuttable presumption against unsupervised visitation for a parent with credible evidence of neglect, abuse or family violence by that parent or someone in their household (§ 153.004(e)).

Moving away with the children

Texas has no single relocation statute. Moves are controlled in three ways:

1. The geographic restriction in your order. Most orders limit where the primary residence may be. Moving outside it requires the other parent's agreement or a modification.
2. Notice of a change of address. Orders require each party to give notice of an intended change in residence and other contact information. Under Family Code § 105.006(b), the notice is due by "the 60th day before the date the party intends to make the change," or within five days of learning of it if the party couldn't have known sooner.
3. Modification. A parent seeking to move outside the order, or to change the primary residence, usually has to show a material and substantial change in circumstances (§ 156.101).

Mediated agreements are hard to undo

Many custody disputes settle at mediation. A mediated settlement agreement is binding if it contains "a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation," and is signed by each party and any attorney present (§ 153.0071(d)). A party is then entitled to judgment on it (§ 153.0071(e)). A court may refuse only in narrow circumstances, such as family violence that impaired a party's ability to decide, together with a finding that the agreement isn't in the child's best interest (§ 153.0071(e-1)).

A party can object to being sent to mediation at all because of family violence (§ 153.0071(f)).

Which state decides custody

Custody jurisdiction follows the child. Under Texas's version of the Uniform Child Custody Jurisdiction and Enforcement Act, a child's "home state" is where the child "lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding" (§ 152.102(7)), and the home state generally has jurisdiction (§ 152.201).

Frequently asked questions

Is Texas a 50/50 custody state?

Not by default. Texas presumes that parents should be joint managing conservators, which means shared rights and duties, not equal time. The standard possession order is the presumed minimum schedule. Parents can agree to equal time, and courts can order it.

At what age can a child choose which parent to live with in Texas?

No age lets a child decide. On request, a judge must interview a child 12 or older in chambers and may interview a younger child, but the judge keeps full discretion to decide the child's best interest.

What is the standard possession order in Texas?

The statutory default schedule. For parents within 100 miles, it gives the noncustodial parent the first, third and fifth weekends, Thursday evenings, 30 days in summer and alternating holidays. Within 50 miles, possession usually runs from school dismissal to school resumption.

Do mothers get custody more often in Texas?

The law doesn't favor either parent. Both are presumed to be appropriate joint managing conservators, and the best interest of the child decides the arrangement.

Can I move out of state with my child after a Texas divorce?

Only if your order allows it. Most orders set a geographic area for the child's residence, and moving outside it takes the other parent's agreement or a court modification. You must also give notice of an address change, usually 60 days in advance.

How does family violence affect custody in Texas?

A court may not appoint joint managing conservators if there is credible evidence of a history or pattern of abuse, and a finding of family violence removes the joint conservatorship presumption. Access may be denied or supervised.

Where these sections live

• Family Code § 153.002 — Best interest of the child
• Family Code § 153.004 — Family violence
• Family Code § 153.009 — Interview of a child
• Family Code § 153.131 — Joint managing conservatorship presumption
• Family Code § 153.252 — Standard possession order presumption
• Family Code § 153.312 — Standard possession order
• Family Code § 153.3171 — The 50-mile rule
• Family Code § 105.006 — Notice of a change of address