Child Custody in Texas
Your Guide to Conservatorship, Possession, and Parental Rights.
At Whitten Legal, we guide parents through high-conflict and complex custody cases across Collin County, as well as in Denton, Rockwall and surrounding areas.
As a father of four, and a longtime child custody attorney, Greg Whitten knows that loving parents will do anything for their children.
Few areas of law are as intensely emotional, meaningful, and confusing as child custody.
In Texas, what most people call “custody” is legally referred to as conservatorship, possession, and access. These legal arrangements determine not just where a child lives, but also how decisions about their health, education, and welfare are made.
This page explains how custody works in Texas, what to expect from the local courts, and how to protect your parental rights through preparation and strategy.
In a world where justice too often goes to the highest bidder or the most well-connected, Greg Whitten reminded me that there are still good people fighting for what’s right.
If you’re looking for a lawyer who genuinely cares, who is willing to go to bat for you with everything he’s got, and who won’t treat you like you’re crazy for wanting to protect your children or stand up for yourself—Greg is the one.
— Dani Stone, Client and Parent
What is the Difference Between
Conservatorship and Possession
in Texas Child Custody Cases?
Conservatorship
Conservatorship refers to a parent’s legal
rights and duties, including medical decisions.
In other states, this is often called “legal custody”.
Most parents are appointed Joint Managing Conservators, meaning they share rights like receiving information from schools and doctors, making educational decisions, and consenting to medical care.
But, courts can and will award a Sole Managing Conservatorship, if needed.
Possession & Access
Possession and access refer to the physical schedule: the actual time a child spends with each parent. Other states may refer to this as “physical custody”.
Most cases receive a Standard Possession Order (SPO), in which the parenting time is split roughly (depending on various factors) from 55% – 45% to 70% – 30%.
We regularly help parents increase their parenting time, or otherwise secure the best scenario for their children.
Overview of Joint Managing Conservatorships
vs. Sole Managing Conservatorships in Texas
(a.k.a. Legal Custody Orders)
In most cases, courts presume that Joint Managing Conservatorship (JMC) is in the child’s best interest.
That means both parents share key rights and duties, though not always equally.
However, a parent may request “sole legal custody” – known in Texas as a Sole Managing Conservatorship (SMC) – if there are concerns such as:
- Family violence or protective orders.
- Substance abuse or mental health instability
- History of absence, neglect, or serious conflict
If SMC is granted, the other parent typically becomes a possessory conservator, with limited rights and defined visitation.
Courts may allocate a number of rights to one parent –
even if both are joint managing conservators:
Where the Child Lives
Exclusive right to designate the child’s primary residence (with or without geographic restrictions, for example, within a 25-mile radius of the child’s school, a particular school district, particular counties, etc.)
Educational Decisions
Exclusive right to make educational decisions, such as school enrollment (usually assigned to the parent with more parenting time)
Religion
Exclusive right to determine the child’s religious upbringing and education.
Mental Healthcare
Exclusive right to consent to psychiatric and psychological treatment, including therapy.
Child Support
Exclusive right to receive child support payments and to decide how those funds are used.
Medical
Exclusive right to make decisions about significant or invasive medical procedures.
Texas Possession and Custody Schedules
What Parents Need to Know, Including Changes to the Law Beginning September 1, 2025.
Texas provides a default schedule known as the Standard Possession Order (SPO), found in Texas Family Code § 153.3101.
Before September 1, 2025, the SPO typically included the following schedule for parents living within 50 miles of each other:
- First, third, and fifth weekends from Friday to Sunday
- Thursday afterschool or evening visits during the school year
- Alternating holidays
- 30 days in the summer
However, Senate Bill 1936 will reshape many possession orders entered after September 1, 2025.
Under the new law, courts are encouraged to award more visitation to families living within 50 miles of each other.
Therefore, the “new” Expanded Standard Possession Orders (ESPO) will often include alternating weekends from Thursday school pickup through Monday school dropoff.
For parents more than 100 miles apart, the schedule may change significantly, often giving the non-primary parent longer summer and holiday periods.
Enforcement of visitation rights is serious in Texas. A parent who wrongfully withholds access may be held in contempt, fined, or face modification of the order.
Some parents try to use a 50/50 schedule to avoid child support. In these cases, it’s particularly helpful to have an experienced family law attorney present your case to the court.
Can Parents Agree to 50/50 Custody in Texas?
Yes. Courts will approve equal-time schedules when both parents agree—or if a judge finds it’s in the child’s best interest.
Common 50/50 arrangements include:
- Week-on, week-off
- 2-2-5-5 schedule
- Alternating weekends with midweek overnights
Successful 50/50 parenting plans usually require:
- Proximity between households
- Strong communication between parents
- A flexible or coordinated work schedule
High-Conflict Custody Disputes
& Cases With Family Violence
In contested cases, courts expect proof—not emotion. If your case involves parental alienation, domestic violence, or addiction, the right legal strategy is essential.
Preparation, documentation, and steady conduct make the biggest difference. Courts watch not just what parents say—but how they behave.
Court-appointed professionals may join your
case, such as:
Amicus attorney: Appointed to assist and advise the court.
Custody Evaluators: Often therapists or social workers.
Guardian Ad Litem (GAL): May or may not be attorneys.
Attorney Ad Litem: These attorneys represent the child.
These issues are common in high-conflict
custody cases:
False Allegations or Manipulation
Substance abuse requiring supervised visitation
Mental health instability impacting parenting
Relocation or withholding access
Family Violence and Safety in Custody Cases
When domestic violence is involved, Texas courts prioritize the child’s safety above all else. Under Texas Family Code § 153.004, a court must consider any credible evidence of family violence when making custody decisions.
If there is a history or pattern of abuse, the court may:
- Deny joint managing conservatorship
- Restrict possession and access
- Order supervised visitation
- Require protective orders or specific exchange arrangements
Courts will also consider emotional abuse, intimidation, or coercive control—even if no criminal charges exist.
If you’re concerned for your safety or your child’s safety, emergency orders and TROs can often be obtained the same day.
Why Choose Whitten Legal for Your Custody Case?
Whether you’re fighting to preserve your role as a parent or to protect your child from harm, we offer focused, strategic representation tailored to North Texas custody courts.
We don’t take a cookie-cutter approach to parenting plans. Our mission:
Guide clients through high-conflict and emotionally charged disputes
Prepare every case with trial-readiness, even when settlement is likely
Understand what local judges and evaluators look for
Stay focused on protecting your children and your future
18
Years Serving Collin County
31
Years Practicing
Texas Family Law
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Dedicated to Protecting
Our Clients’ Families,
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