Texas Custody and Parenting Plans Guide

Texas child custody law uses unique terminology—"conservatorship" instead of custody and "possession and access" instead of visitation. Understanding these distinctions and the Texas Family Code Chapter 153 framework is essential for creating a parenting plan that protects your children's interests. Whether you're navigating a contested or uncontested divorce, this guide translates Texas's legal standards into practical guidance.

This comprehensive guide covers the 2025 legislative changes including the new Expanded Standard Possession Order (ESPO) as the default schedule, the three-strikes visitation enforcement rule, and updated third-party standing requirements.

Types of Conservatorship in Texas

Texas law distinguishes between two types of conservatorship, each with distinct legal rights:

See how different schedules affect your family. Try it for Texas:

Managing Conservatorship

A managing conservator has the right to make significant decisions about the child's life. Under Texas Family Code § 153.132, these decisions include:

• Designating the child's primary residence
• Consenting to medical, dental, and surgical treatment
• Making educational decisions
• Consenting to psychiatric and psychological treatment
• Representing the child in legal actions
• Making decisions about extracurricular activities

Joint Managing Conservatorship (JMC)

Texas law creates a rebuttable presumption that parents should be appointed as joint managing conservators. This means both parents share decision-making authority, though it does not necessarily mean equal parenting time.

• Both parents retain rights to access medical, dental, and educational records
• Both can attend school activities and consult with teachers
• The court may allocate specific decision-making rights exclusively or jointly
• One parent is typically designated to determine the child's primary residence (often with a geographic restriction) — model how this affects your custody arrangement

Sole Managing Conservatorship (SMC)

When JMC would not be in the child's best interest—typically due to family violence, abuse, neglect, or substance abuse—the court may appoint one parent as sole managing conservator. The other parent becomes a possessory conservator with visitation rights unless those rights would endanger the child.

The Best Interest of the Child Standard

Under Texas Family Code § 153.002, the "best interest of the child" is always the court's primary consideration. Texas courts apply the Holley factors (from Holley v. Adams) to evaluate best interest:

1. The child's desires (considering age and maturity)
2. The child's emotional and physical needs now and in the future
3. Emotional or physical danger to the child now and in the future
4. Each parent's parenting abilities
5. Programs available to assist the parents
6. Plans each parent has for the child
7. Stability of the proposed home
8. Any acts or omissions by a parent indicating an improper parent-child relationship
9. Any excuse for acts or omissions of a parent

2025 Texas Family Code Changes

Effective September 1, 2025, several significant changes affect custody and possession orders:

Expanded Standard Possession Order (ESPO) Is Now Default

The Expanded Standard Possession Order has replaced the old Standard Possession Order as the default schedule for parents living within 50 miles of each other. Key features include:

• Thursday overnight: Non-custodial parent picks up Thursday after school and returns Friday morning
• Extended weekends: First, third, and fifth weekend possession extends from Friday after school to Monday morning (school drop-off)
• More parenting time: Results in approximately 43% of annual overnights for the non-custodial parent

Note: Parents with existing custody orders under the old Standard Possession Order must file a modification request to transition to ESPO. The new default only applies to orders entered on or after September 1, 2025.

Three-Strikes Rule for Visitation Interference

To protect parental access rights, Texas created a "three strikes" enforcement mechanism:

• If a parent is found in contempt three times for blocking visitation, the court can use that record to potentially modify conservatorship
• Make-up time required: Missed possession time must be made up at double the duration in future access periods
• Creates stronger enforcement teeth for possession order violations

Third-Party Standing Restrictions

Under House Bill 2350, non-parents (stepparents, grandparents, relatives) face stricter requirements to file custody cases:

• Must now show exclusive care and control for a defined period (not just "actual care and possession")
• Some prior exceptions (like automatic standing for stepparents after a parent's death) have been removed
• Emphasizes biological and adoptive parents' superior rights

Standard Possession Schedules

Parents Within 50 Miles

Under the new ESPO default (effective Sept. 1, 2025):

• Regular weeks: Thursday overnight plus 1st, 3rd, and 5th weekends (Friday to Monday)
• Alternating holidays: Thanksgiving, Christmas, spring break rotate annually
• Summer: 30 days (can be consecutive or split by agreement)
• Parent's birthday: Possession if it falls during the other parent's time

Parents 50-100 Miles Apart

When parents live more than 50 but less than 100 miles apart, the possessory conservator may choose either the schedule above or:

• 1st, 3rd, and 5th weekends only (Friday to Sunday evening)
• Same holiday and summer provisions

Parents Over 100 Miles Apart

For long-distance parents:

• One weekend per month (can choose specific dates with notice)
• Extended summer: 42 consecutive days
• Spring break in entirety in even/odd years
• Same holiday rotations

Need a Deeper Analysis?

The schedule calculator above shows how different arrangements translate into parenting days. For a comprehensive report that combines your parenting plan with Texas's child support formula, income analysis, and ESPO adjustments, get your full Texas custody and support analysis here.

What Your Texas Parenting Plan Must Include

A complete Texas possession order should address:

1. Conservatorship Designation

• Whether parents are joint or sole managing conservators
• Which parent has the exclusive right to designate primary residence
• Any geographic restriction on the child's residence
• Allocation of specific rights (education, medical, etc.)

2. Possession Schedule

• Regular weekday/weekend schedule
• Holiday rotation (specify odd/even year assignments)
• Summer possession periods and notice requirements
• Exchange times and locations

3. Communication Provisions

• Phone/video call schedule with the child
• Parent-to-parent communication methods
• Information sharing (school, medical, activities)

4. Decision-Making Framework

• Independent vs. joint decisions
• Dispute resolution procedures
• Notice requirements for major decisions

Mediation and Settlement

Under Texas Family Code § 6.602, courts may refer custody disputes to mediation. If the parties reach a Mediated Settlement Agreement (MSA) that includes the required "not subject to revocation" language and proper signatures, it becomes binding and the court must render judgment accordingly.

• Many counties require mediation before contested final hearings
• A party may object to mediation when family violence impaired decision-making ability
• Texas also offers collaborative family law as an alternative dispute resolution option

Child Support Connection

Your custody arrangement directly affects child support calculations. Under Texas Family Code § 154.125:

• Guideline percentages: 20% (1 child), 25% (2), 30% (3), 35% (4), 40% (5+) of obligor's net monthly resources
• 2025 cap: $11,700 maximum monthly net resources (effective Sept. 1, 2025)
• Extended possession credit: Courts may adjust support when the non-custodial parent has possession for an extended period — estimate your obligation

Modifying Custody Orders

Texas custody orders can be modified when circumstances change:

• Material and substantial change: Required to modify conservatorship or possession
• Child's preference: Children 12 and older can file a request to interview with the judge about their living situation
• Geographic restriction: Modifications often requested when a parent needs to relocate
• Three-strikes modification: Repeated contempt findings for visitation interference can now support modification

Filing a SAPCR (Suit Affecting Parent-Child Relationship)

To establish or modify custody in Texas, you file a Suit Affecting the Parent-Child Relationship (SAPCR). Under Texas Family Code § 6.406, if you're divorcing and have minor children, the SAPCR must be joined with the divorce case.

Key resources include the Texas State Law Library custody guide and forms available through Texas Court Help.

Key Takeaways

• Joint Managing Conservatorship: Presumed for both parents unless contrary to best interest
• ESPO now default: Expanded Standard Possession Order is the new standard (Sept. 1, 2025)
• Best interest standard: Holley factors guide all custody decisions
• Three-strikes rule: Three contempt findings for visitation interference can trigger modification
• Geographic restrictions: Common in Texas to limit where custodial parent can move with child
• Mediation encouraged: MSAs meeting statutory requirements are binding
• Child support cap: $11,700 monthly net resources effective Sept. 1, 2025
• SAPCR required: Must be joined with divorce when children are involved

For more information about Texas divorce processes, see our Texas divorce timeline and filing checklist. For property division information, review our Texas marital property guide.