Texas law doesn't use the word "custody." A contested custody case decides two separate things: conservatorship, meaning who holds the rights and duties to make decisions for the child, and possession and access, meaning the schedule. Parents often fight hardest over the calendar when the real stakes are in the decision-making rights.
General information about Texas law, not legal advice for your situation.
Conservatorship: who makes the decisions
Texas presumes parents should be named joint managing conservators unless there is family violence or another strong reason not to (Tex. Fam. Code § 153.131). Joint managing conservatorship does not mean a 50/50 schedule. It means both parents share rights, and the order spells out how each right is held:
- Jointly, requiring both parents to agree.
- Independently, so either parent may act alone.
- Exclusively, held by one parent only.
The rights most often fought over:
- Designating the child's primary residence (often limited to a county or school district).
- Consenting to invasive medical procedures.
- Consenting to psychiatric and psychological treatment, including counseling and some medications.
- Making education decisions and enrolling the child in school.
- Applying for and holding the child's passport.
- Receiving child support.
A parent named sole managing conservator holds these rights exclusively unless the order limits them. Courts reserve that for cases with family violence, substance abuse, a parent's absence, or conflict so severe the parents can't make decisions together.
Possession and access: the schedule
The Standard Possession Order is the default schedule, with an expanded version available on request. Parents can agree to, and courts can order, something different: week-on/week-off, 2-2-5-5, or a stepped schedule for very young children. The schedule sets weekends, holidays, and summer, but not every event that matters to a family.
Standard Possession Order in Texas example showing 1st, 3rd, and 5th weekends with one parent, 2nd and 4th weekends with the other parent, Thursday evening possession during the school term, and separate holiday and summer provisions.
Expanded Standard Possession Order in Texas example showing longer parenting periods within the standard schedule, including extended Thursday time and weekends that may run from Friday through Monday morning.
Week-on/week-off custody schedule example showing a 50/50 parenting arrangement in which Parent A has one full week and Parent B has the next full week, creating longer blocks of parenting time with fewer exchanges.
2-2-5-5 custody schedule example showing a repeating 50/50 cycle: 2 days with Parent A, 2 days with Parent B, 5 days with Parent A, and 5 days with Parent B, providing consistent weekdays and alternating longer blocks.
Stepped custody schedule for young children showing a gradual progression from short, frequent daytime visits for infants, to longer daytime periods for toddlers, to added overnights or weekend blocks as the child grows.
The best interest standard
Every custody decision turns on the child's best interest (§ 153.002). Texas courts often weigh factors like these:
- The child's physical and emotional needs, now and in the future.
- Any danger to the child.
- Each parent's parenting abilities and stability.
- Programs and resources available to help each parent.
- Each parent's plans for the child.
- The child's wishes, when the child is mature enough.
- Whether each parent supports the child's relationship with the other parent.
A child 12 or older may be interviewed by the judge in chambers about their wishes. The judge listens but still decides.
How a contested case usually unfolds
- Filing and temporary orders. A hearing sets the rules while the case is pending.
- Discovery. Documents, school and medical records, and depositions.
- Evaluations. A custody evaluator, amicus attorney, or guardian ad litem may be appointed.
- Mediation. Most Dallas-area courts require it before trial.
- Trial. A judge, or in some cases a jury, decides what remains.
Why the details matter later
Most everyday disputes (the school, the medication, the passport) are decided by who holds that specific right. Fight for the rights that match what your child actually needs, not just for more days on the calendar, and document everything.
Frequently asked questions
What is the difference between conservatorship and possession in Texas?
Conservatorship is the right to make decisions for a child, such as school, medical care, and where the child lives. Possession and access is the schedule of when each parent has the child. A Texas order addresses both separately.
What is the difference between a joint and sole managing conservator in Texas?
Joint managing conservators share decision-making rights as the order divides them. A sole managing conservator holds the key decision-making rights exclusively, usually because of family violence, substance abuse, or conflict so severe the parents can't decide together.
At what age can a child choose which parent to live with in Texas?
No child gets to choose outright. A child 12 or older may tell the judge in chambers which parent they prefer to have the right to designate their residence, but the judge decides based on the child's best interest.
How long does a contested custody case take in Dallas?
It varies widely. Many contested cases take several months to more than a year, depending on evaluations, discovery, mediation, and the court's schedule.
Do mothers get preference in Texas custody cases?
No. Texas law prohibits courts from favoring a parent based on sex. Decisions turn on the child's best interest.
How The Ashmore Law Firm helps
Gary Ashmore and his team at The Ashmore Law Firm prepare EVERY custody case as if it were going to trial. That preparation gives a full picture of your family's needs and is why more than 94% of our family law cases settle before final trial. Call for a confidential conversation with our family law team.
Related: Temporary orders · When co-parents can't agree · Back to the Texas Child Custody Guide
