By The Ashmore Law Firm family law team · Reviewed by Gary Ashmore, Managing Attorney · Last updated September 2026
Quick answer: A complete Texas custody order should do more than set a visitation schedule. It should say which parent makes school, medical, and counseling decisions; who holds the child's passport; how travel is noticed; how costs beyond child support (tutoring, club sports, college) are split; and how parents handle holidays and events the Standard Possession Order leaves out. Gaps in these areas are the most common source of co-parenting disputes after a Texas divorce.
Key takeaways
- Texas law separates conservatorship (decision-making rights) from possession and access (the schedule). Most everyday disputes turn on who holds a specific right.
- Temporary orders set the rules while a divorce is pending and often shape the final result.
- Guideline child support does not cover extracurriculars or college unless the decree says so.
- A child under 16 generally needs both parents' consent for a U.S. passport unless a court order says otherwise.
- Many conflicts can be prevented by naming specific issues in the parenting plan now, rather than returning to court later.
This guide is general information about Texas family law, not legal advice for your situation. For a general overview about child custody and visitation in Dallas visit our main page for information.
The checklist at a glance
- Decision-making rights (conservatorship)
- Temporary orders while the divorce is pending
- School decisions and dyslexia or ADHD evaluations
- ADHD medication and medical consent
- Counseling for children
- Substance abuse concerns and drug testing
- Children's passports
- Travel notice and itineraries
- Holidays and events the standard order doesn't cover
- Expenses beyond child support
- Media, video games, phones, and family values
- Deadlines to calendar
- What travels between homes
- Helping children adjust to two households
- What to do when co-parents can't agree
15 things to include or consider in your Texas custody order
1. Decision-making rights: who decides what?
In Texas, custody is split into conservatorship (the right to make decisions) and possession and access (the schedule). Texas presumes parents will be joint managing conservators, but that does not mean a 50/50 schedule. Your order should state whether each right (residence, education, medical, psychological treatment, passport) is held jointly, independently, or by one parent exclusively. Read more about: Contested custody
If a contested case goes to trial, Texas is one of the few states where a jury can decide conservatorship and the child's primary residence, and the judge can't override that verdict. Read more: 16. Bench vs. jury trial
2. Temporary orders: what are the rules while the divorce is pending?
Temporary orders set custody, the possession schedule, child support, and restrictions until the final decree. Many Dallas-area counties also have standing orders that apply automatically once a case is filed. Because judges value stability, a temporary arrangement often becomes the starting point for the final order. Read more: 2. Temporary orders
3. School decisions: who can request a dyslexia or ADHD evaluation?
Any parent can request a school evaluation in writing, which starts a 15-school-day response deadline in Texas. Who signs consent for testing and services depends on who holds the education right in your order. Written teacher observations are among the strongest evidence at school and in court. Read more: 3. School decisions
4. ADHD medication: who has the final word?
It depends on whether your order treats the medication as routine medical care or as psychiatric treatment, and many orders don't say. If medication is likely, name psychotropic medication specifically and require both parents to give it as prescribed in both homes. Read more: 4. ADHD medication
5. Counseling for children: who can consent, and who sees the records?
Consent to psychological treatment is a specific right in a Texas order, and many counselors require a copy before the first session. Agree on the counselor, how costs are split, and what information each parent receives, and never ask a child's counselor to take sides. Read more: 5. Counseling for children
6. Substance abuse: what can a Texas court order?
Texas courts can order drug or alcohol testing, remote alcohol monitoring, no-consumption windows, supervised visitation, and step-up schedules. Effective provisions state who pays, which lab is used, how fast a parent must test, and what happens after a positive or missed test. Read more: 6. Substance abuse & testing
7. Passports: who applies for and holds the child's passport?
Federal law generally requires both parents' consent for a passport for a child under 16. A Texas sole managing conservator has that right unless the order limits it; joint managing conservators need the order to say who applies, who holds it, and the hand-off deadlines. Read more: 7. Passports
8. Travel: how much notice is required?
The Standard Possession Order sets when each parent has the children, not where they can go. Add advance notice, an itinerary, a contact number, and consent terms for international trips, and apply them to both parents. Read more: 8. Travel & notification
9. Holidays and events: what does the standard order leave out?
The Standard Possession Order does not cover Halloween, the first day of school, Easter and other religious holidays, parents' or grandparents' birthdays, or graduations. Name the days your family cares about and add a simple written swap-and-make-up-time rule. Read more: 9. Holidays & events
10. Expenses beyond child support: who pays for tutoring, club sports, and college?
Texas guideline child support does not cover extracurriculars, and a Texas court generally cannot order a parent to pay for college. Parents can agree to both in the decree, including caps, conditions, and reimbursement deadlines, and that agreement can be enforced. Read more: 10. Expenses beyond support
11. Media and values: can parents set shared rules?
Yes. Parents can agree on movie and game ratings, phone and social media ages, screen-time limits, and faith practices. A workable standard is a floor: either home may be stricter, but neither goes below the agreed minimum. Read more: 11. Media, games & values
12. Deadlines: what should co-parents calendar?
Calendar summer possession notices, the school district calendar, the holiday rotation for the year, travel and passport deadlines, expense reimbursements, and school meetings. A shared co-parenting app creates a record both parents can see. Read more: 12. What to calendar
13. What travels between homes, and how do you track it?
Medication, glasses, school devices, sports gear, and comfort items travel with the child; everyday clothes and toiletries are best duplicated. Many Texas orders require personal effects to return with the child, and a shared checklist prevents most disputes. Read more: 13. What travels between homes
14. Two households: how do children readjust to your rules?
Children often need a few hours to a day to settle after an exchange. Calm routines, consistent rules stated as "in our house," and never using the child as a messenger help them adjust. Persistent struggles are a signal to involve a child counselor. Read more: 14. Two households
15. When co-parents can't agree: what are the options?
Start with a written request, then involve the relevant professional, a parenting coordinator or facilitator, or mediation. When an order is violated, enforcement is available; when it no longer fits, a Texas modification generally requires a material and substantial change in circumstances and a showing that the change is in the child's best interest. Read more: 15. When you can't agree
If a dispute reaches trial, parents can choose a bench trial, a jury trial on certain issues, or, by agreement, a private judge. Read more: 16. Bench vs. jury trial
Frequently asked questions about Child Custody in Texas
What should be included in a Texas custody order?
Beyond the possession schedule, a Texas custody order should allocate each conservatorship right, address passports and travel, cover medical and counseling consent, split expenses beyond child support, and name holidays the Standard Possession Order leaves out.
I already have a custody order, but it doesn't cover some issues. What can I do?
You can add the missing terms. If both parents agree, an attorney can prepare an agreed modification for the judge to sign. If not, you can mediate or file a modification, which generally requires showing a material and substantial change in circumstances since the last order and that the change is in the child's best interest.
Can I modify a Texas custody order just to add holidays, passport, or expense terms?
Yes, if both parents agree, or if a court finds the change is justified by a material and substantial change in circumstances and is in the child's best interest. Recurring disputes caused by a gap in the order are a common reason parents seek these targeted changes.
Is a written agreement between parents enough, or does it need to go to court?
A written agreement helps, but it generally isn't enforceable the way a court order is. To make new terms enforceable, have them signed by the judge as an agreed modification.
Does joint managing conservatorship mean 50/50 custody in Texas?
No. It means both parents share decision-making rights as the order specifies. The possession schedule is decided separately and may or may not be equal.
Can one parent get a child's passport without the other parent's consent in Texas?
For a child under 16, generally not, unless a court order gives that parent the exclusive right. A sole managing conservator has that right unless the order limits it.
Who decides whether a child takes ADHD medication after a Texas divorce?
The parent or parents who hold the relevant medical or psychiatric consent right under the order. If the order is unclear, a modification can clarify it.
Does Texas child support cover club sports, tutoring, or college?
No, not automatically. Those costs are outside guideline support unless the decree allocates them. Parents can agree to college support, and that agreement is enforceable.
What happens if our decree doesn't mention Halloween or the first day of school?
The regular possession schedule controls. Parents can agree to something different, and a modification can add these days to the order.
Can a Texas court order drug testing in a custody case?
Yes. Courts can order drug or alcohol testing, monitoring, and supervised or step-up visitation when there is credible evidence of a concern.
What are temporary orders in a Texas divorce?
Court orders that set custody, the schedule, support, and restrictions while the divorce is pending. They end when the final decree is signed.
About The Ashmore Law Firm
The Ashmore Law Firm, P.C. is a Dallas family law and estate planning firm founded in 1987, with offices in Turtle Creek at 3636 Maple Ave., Dallas, TX 75219. Gary Ashmore and his team prepare every custody case as if it were going to trial; that preparation is why more than 94% of the firm's family law cases settle before final trial.
- A team, one bill. Several family law attorneys may confer on your case; you are billed for one attorney's time.
- Divorce coaching included at no additional cost, plus referrals to trusted counselors.
- Orders that fill the gaps described in this guide, so families aren't back in court over them later.
- Privacy first, including advice on private judges when a trial can't be avoided.
Call for a confidential conversation with our family law team.
