Texas Child Custody Laws: Best Interest of the Child Standard
Texas courts make child custody decisions based on the "best interest of the child" standard, a legal principle that prioritizes a child's emotional and...
Key Takeaways
- Texas courts determine child custody based on the best interest of the child. The law presumes that it is in the child's best interest for the parents to be named Joint Managing Conservators.
- To determine the best interest of the child, Texas courts consider a list of non-exhaustive factors known as the "Holley Factors," which come from the Texas Supreme Court case Holley v. Adams.
- To modify a child custody order in Texas, you must show that there has been a "material and substantial change" in the circumstances of the child or one of the parents.
Texas courts make child custody decisions based on the "best interest of the child" standard, a legal principle that prioritizes a child's emotional and physical well-being above all else.
Texas Child Custody Laws: Best Interest of the Child Standard
Texas courts make child custody decisions based on the "best interest of the child" standard, a legal principle that prioritizes a child's emotional and physical well-being above all else.
Child custody is one of the most significant issues in a Texas divorce. The legal term for custody in Texas is "conservatorship." This guide will explain the different types of conservatorship in Texas and the factors courts consider when creating a parenting plan that serves the best interest of the child.
Table of Contents
- What are the types of child custody in Texas?
- How do Texas courts determine child custody?
- What are the "Holley Factors" for determining the best interest of the child?
- What is a Standard Possession Order in Texas?
- How can a child custody order be modified in Texas?
- Frequently Asked Questions
- Legal References
What are the types of child custody in Texas?
In Texas, child custody is referred to as "conservatorship." There are two types of conservators: Managing Conservator and Possessory Conservator. Parents are usually named "Joint Managing Conservators."
- Joint Managing Conservator (JMC): This is the most common arrangement in Texas. In a JMC arrangement, both parents share the rights and responsibilities of making decisions about the child's life. However, one parent is typically designated as the "primary" JMC and has the exclusive right to determine the child's residence.
- Sole Managing Conservator (SMC): In some cases, one parent may be named the Sole Managing Conservator. This parent has the exclusive right to make most decisions about the child. The other parent is named the Possessory Conservator and has visitation rights.
| Conservatorship Type | Description |
|---|---|
| Joint Managing Conservator | Both parents share decision-making rights and responsibilities. |
| Sole Managing Conservator | One parent has the exclusive right to make most decisions. |
How do Texas courts determine child custody?
Texas courts determine child custody based on the best interest of the child. The law presumes that it is in the child's best interest for the parents to be named Joint Managing Conservators. [1]
If the parents can agree on a parenting plan, the court will usually approve it. If they cannot agree, they may be ordered to attend mediation. If mediation is unsuccessful, a judge will decide the terms of the conservatorship, possession, and access.
What are the "Holley Factors" for determining the best interest of the child?
To determine the best interest of the child, Texas courts consider a list of non-exhaustive factors known as the "Holley Factors," which come from the Texas Supreme Court case Holley v. Adams. [2]
These factors include:
- The desires of the child.
- The emotional and physical needs of the child now and in the future.
- The emotional and physical danger to the child now and in the future.
- The parental abilities of the individuals seeking custody.
- The programs available to assist these individuals to promote the best interest of the child.
- The plans for the child by these individuals or by the agency seeking custody.
- The stability of the home or proposed placement.
- The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one.
- Any excuse for the acts or omissions of the parent.
Civilly Tip: The Holley Factors are a guide for the court. You should be prepared to present evidence on each of these factors to support your case for why your proposed parenting plan is in your child's best interest.
What is a Standard Possession Order in Texas?
A Standard Possession Order (SPO) is a detailed visitation schedule that is presumed to be in the best interest of a child age three or older. The SPO sets out the times that each parent will have the child.
The SPO provides for the non-primary parent to have possession of the child on weekends following the first, third, and fifth Fridays of a month, as well as alternating holidays and for an extended period during the summer.
Parents can agree to a different possession schedule, but if they cannot agree, the court will likely order the SPO.
How can a child custody order be modified in Texas?
To modify a child custody order in Texas, you must show that there has been a "material and substantial change" in the circumstances of the child or one of the parents.
A material and substantial change could include:
- A parent's relocation
- A change in a parent's lifestyle
- A change in the child's needs
- A parent's failure to follow the current order
To request a modification, you must file a Petition to Modify the Parent-Child Relationship.
Frequently Asked Questions
At what age can a child choose which parent to live with in Texas?
If a child is 12 years of age or older, they can file a document with the court naming the parent they would like to live with. The judge is not required to follow the child's wishes, but they must consider them.
Do mothers have an advantage in Texas custody cases?
No. Texas law is gender-neutral and does not favor mothers or fathers. Decisions are based on the best interest of the child.
What are the custody laws for unmarried parents in Texas?
The custody laws for unmarried parents are the same as for married parents. The focus is always on the best interest of the child.
What is a parenting plan?
A parenting plan is a detailed agreement that outlines the rights and responsibilities of each parent, the possession schedule, and how child-related decisions will be made.
Legal References
- Texas Law Help - Best Interest of the Child Standard
- Texas State Law Library - Child Custody & Support
- Texas Family Code, Chapter 153: Conservatorship, Possession, and Access
Related Articles
- Texas Divorce Filing Guide
- Texas Property Division Guide
- Texas Alimony Guide
- Creating a Co-Parenting Plan That Works
[1] Texas Family Code § 153.002. (n.d.). Best Interest of Child. Texas Statutes. Retrieved December 21, 2025, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#153.002
[2] Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).