In Texas, what many people refer to as “custody” is legally called conservatorship. When parents divorce, the court must decide how parental rights and responsibilities will be shared and where the child will primarily live. Judges consider a variety of factors when making these decisions, always focusing on what is in the child’s best interests.

Some of the key factors courts often review include:

• The child’s safety, health, and overall well-being

• The strength of the child’s relationship with each parent

• Each parent’s physical and mental health

• Each parent’s history of involvement in the child’s life

• The child’s preference, if the child is 12 years of age or older

In many situations, the parent who has served as the child’s primary caregiver for most of the child’s life may be granted the right to determine the child’s primary residence.

The other parent typically receives a visitation schedule that allows them regular time with the child. A common schedule may include:

• Up to 30 days of parenting time during the summer

• Alternating holidays

• The first, third, and fifth weekends of each month, often beginning Thursday evening and ending Sunday evening or Monday morning

When parents live a significant distance apart, the schedule may be adjusted to account for travel. Parents also have the option of creating their own parenting plan that better fits their child’s needs and their family’s routines, as long as the arrangement serves the child’s best interests.

Proving a Parent Is Unfit in Texas

In some cases, concerns may arise about whether a parent can safely care for a child. Courts take these situations seriously, and substantial evidence is required before a parent will be considered unfit.

Circumstances that may raise concerns include:

• A pattern of drug or alcohol abuse

• A history of sexual offenses

• Emotional or physical abuse

• Unsafe or unhealthy living conditions

• A highly unstable home environment

• A history of family violence

If credible evidence supports these concerns, the court may limit or deny custody rights in order to protect the child.

Managing Conservators, Joint Managing Conservators, and Custodial Parents

In many Texas divorces involving children, parents are named joint managing conservators. This means both parents share important decision-making responsibilities regarding the child’s education, medical care, and general upbringing.

Typically, one parent is given the right to determine the child’s primary residence and is often referred to as the custodial parent. The other parent is commonly known as the non-custodial parent and receives scheduled parenting time.

In situations where parents cannot cooperate or one parent is unable to safely fulfill parental responsibilities, the court may appoint one parent as the sole managing conservator. In rare cases, if neither parent is able to provide appropriate care, another individual may be given authority over the child’s residence.

Determining Paternity for Unmarried Parents

When parents are not married, legal paternity must first be established before issues like custody, visitation, and child support can be addressed.

In Texas, paternity can be established in several ways:

• A court order determining parentage

• Both parents signing an Acknowledgment of Paternity

• The parents marrying after the child is born

Once paternity is legally recognized, parents can file an Application for a New Birth Certificate Based on Parentage, which allows the father’s name to be added to the child’s birth certificate.