In Texas, child custody and conservatorship are handled through a Suit Affecting the Parent-Child Relationship, or SAPCR. The Family Code does not use the word “custody.” Instead, parents are called “conservators,” and the court’s order assigns each parent a set of rights and duties, a possession schedule that governs physical time with the child, and a child support amount. Every decision the court makes runs through one standard: the best interest of the child.1State of Texas. Texas Family Code 153.001 – Public Policy Once signed, a SAPCR order is enforceable by contempt.
The Three Conservatorship Roles
Conservatorship is the legal label for decision-making authority over a child. Texas recognizes three roles, and the one the court assigns you controls whether you get to decide where the child lives, what school they attend, and what medical care they receive.
Joint Managing Conservators
Texas law starts with a rebuttable presumption that both parents should be named Joint Managing Conservators.2Texas Public Law. Texas Family Code 153.131 – Presumption That Parent to Be Appointed Managing Conservator “Joint” is a term of art here. It does not mean equal time and it does not mean shared authority over every decision. Under a JMC arrangement, the court parcels out specific rights between the parents. One parent almost always receives the exclusive right to determine the child’s primary residence. Other rights, like consenting to non-emergency medical treatment or making educational choices, may be shared, split, or assigned to one parent alone. Parenting time under a JMC is not automatically 50/50.
A history of family violence between the parents defeats this presumption entirely.2Texas Public Law. Texas Family Code 153.131 – Presumption That Parent to Be Appointed Managing Conservator
Sole Managing Conservator
When shared decision-making would harm the child, the court can name one parent the Sole Managing Conservator. An SMC has exclusive authority over the major decisions: primary residence, schooling, non-emergency medical procedures. Courts most often reach this designation in cases involving domestic violence, substance abuse, or a demonstrated pattern of one parent undermining the child’s welfare.
Possessory Conservator
When one parent becomes SMC, the other is usually named Possessory Conservator. That parent keeps meaningful baseline rights: access to the child’s medical and educational records, the right to attend school activities, and the right to be informed about significant events. A Possessory Conservator also retains a possession schedule and continues to get regular time with the child. Courts can narrow these rights further where the evidence supports it, but eliminating access entirely is rare and requires strong justification.
Possession and Access Schedules
Conservatorship answers who decides. Possession and access answer who has the child and when. Texas uses a Standard Possession Order as its baseline parenting-time framework, and it applies to most families unless the court finds a reason to depart from it.3Office of the Attorney General of Texas. 50 Miles Apart or Less
The Standard Possession Order
Under the SPO, the noncustodial parent has the child on the first, third, and fifth weekends of each month, a midweek Thursday evening during the school year, alternating holidays, and at least 30 days during the summer.3Office of the Attorney General of Texas. 50 Miles Apart or Less For parents living within 50 miles of each other, the default weekend now runs from school dismissal Friday until school resumes Monday. Either parent can also elect to extend the Thursday evening visit into an overnight, from school dismissal Thursday to school resumption Friday.4State of Texas. Texas Family Code 153.317 – Alternative Beginning and Ending Possession Times
When Parents Live More Than 100 Miles Apart
Distance changes the schedule. If the parents live more than 100 miles from each other, the noncustodial parent can choose one weekend per month with at least two weeks’ written notice or keep the first/third/fifth weekend pattern. The schedule stretches longer during school breaks to compensate. Spring break typically goes entirely to the noncustodial parent in this arrangement.
Parents can always agree in writing to a different schedule, and courts generally approve the agreement when it serves the child. Where parents cannot agree, the SPO is the floor for the noncustodial parent’s time, not the ceiling.
How Judges Decide: The Best Interest Standard
Every contested question in a SAPCR runs through the best interest of the child. The Texas Supreme Court set the framework in Holley v. Adams, and courts still apply those factors.5Justia Law. Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) The Holley factors are:
- The child’s own wishes, weighted by age and maturity.
- The child’s emotional and physical needs now and in the future.
- Any emotional or physical danger to the child now or later.
- Each parent’s demonstrated ability to care for the child.
- Programs and resources available to help each parent promote the child’s welfare.
- Each parent’s concrete plans for the child.
- The stability of each proposed home.
- Acts or omissions by a parent suggesting the parent-child relationship is unhealthy.
- Any excuse for those acts or omissions.
No single factor decides the case, and the court is not required to check every box before ruling. Judges weigh whatever evidence the parties put in front of them and apply the factors to the specific family.
The Child’s Preference at Age 12
If a child is 12 or older, any party, the child’s attorney, or the judge can request a private in-chambers interview where the child states a preference about which parent should determine primary residence.6State of Texas. Texas Family Code 153.009 – Interview of Child in Chambers When asked, the court is required to conduct the interview. For children under 12, the judge may hold the interview but is not required to. The child’s preference carries real weight, but it does not bind the judge, who can rule the other way when the evidence points there.
Social Study Evaluations
In contested cases, the court may order a social study. A trained evaluator conducts home visits, interviews both parents and the child, reviews records, and talks with outside sources such as teachers, doctors, and counselors. The evaluator produces a written report with a recommendation, and those reports carry significant weight, especially when they include firsthand observations of the child in each parent’s home.
How Child Support Is Calculated
Child support in Texas is a percentage of the paying parent’s monthly net resources. Texas Family Code Chapter 154 sets these guideline percentages:
- One child: 20% of net resources
- Two children: 25%
- Three children: 30%
- Four children: 35%
- Five children: 40%
- Six or more children: not less than the amount for five
Net resources means gross income minus federal income tax, Social Security and Medicare taxes, health insurance premiums for the child, and union dues. As of September 1, 2025, the guidelines apply to the first $11,700 per month in net resources. Above that cap, the court can order additional support if the child’s proven needs justify it, but the percentage formula itself only runs to the cap.
These percentages assume the paying parent has no other children to support. If they do, a separate table in the Family Code reduces the percentages. The court can also depart from the guidelines when applying them would be unjust or inappropriate given the child’s circumstances.
Filing a SAPCR
What Goes in the Petition
The case starts with a Petition in Suit Affecting the Parent-Child Relationship, filed with the district clerk in the county where the child lives. The petition must include full legal names and addresses of both parents, the child’s name and date of birth, and a description of where the child has lived for the past six months. That six-month history establishes the court’s jurisdiction to hear the case.7State of Texas. Texas Family Code 152.201 – Initial Child Custody Jurisdiction
Spell out what you are asking for: the conservatorship designation, the possession schedule, and the amount of child support. You will also need the child’s birth certificate and Social Security number. Standardized petition forms are available through the local district clerk and through TexasLawHelp for anyone filing without an attorney.
Fees and Service
Filing a new SAPCR in a Texas district court costs about $350, made up of a $213 local consolidated fee and a $137 state consolidated fee.8Texas Office of Court Administration. District Court Civil Filing Fees Some counties add a Domestic Relations Office fee of up to $51, pushing the total closer to $400. If you cannot afford the fee, you can file an affidavit of indigency and ask the court to waive it.
After filing, you have to formally notify the other parent through service. A constable or private process server delivers the papers. If the other parent agrees to the case and wants to skip formal delivery, they can sign a Waiver of Service. Once the other parent has been served or has waived service, the court can schedule hearings.
The Final Order
If the parents reach an agreement, the judge reviews the proposed terms to confirm they comply with Texas law and serve the child. If the case is contested, the judge hears testimony and evidence before ruling. Either path ends in a signed Order in Suit Affecting the Parent-Child Relationship, which is the enforceable legal document governing conservatorship, possession, and support going forward.
Mediation and Settlement
Texas courts routinely refer SAPCR cases to mediation, and either parent can request it.9Texas Public Law. Texas Family Code 153.0071 – Alternate Dispute Resolution Procedures A neutral mediator helps the parents negotiate conservatorship, possession, and support without making decisions or taking sides. Many family courts expect the parties to attempt mediation before setting a contested hearing.
If both parents and their attorneys sign a mediated settlement agreement that contains a prominent, boldfaced statement that it is not subject to revocation, the agreement is binding. Either party can then ask the court to enter judgment on it, and in most situations the court must do so.9Texas Public Law. Texas Family Code 153.0071 – Alternate Dispute Resolution Procedures There is a narrow exception: a court can refuse to adopt the agreement if a party was a victim of family violence that impaired their ability to negotiate freely, or if the agreement would give unsupervised access to someone with a history of physical or sexual abuse.
A parent who has experienced family violence can object to mediation by filing a written objection. The case cannot go to mediation over that objection unless the court holds a hearing and finds the claim unsupported, and even then the court must order safety measures like keeping the parties in separate rooms with no face-to-face contact.9Texas Public Law. Texas Family Code 153.0071 – Alternate Dispute Resolution Procedures Private mediators typically charge $200 to $500 per hour, and some courts offer low-cost or free options.
Geographic Restrictions on Where the Child Lives
Most SAPCR orders include a geographic restriction limiting where the child’s primary residence can be located. A common restriction confines the home to the county the family lives in plus contiguous counties. Some orders draw the line by school district instead. The parent with the exclusive right to determine primary residence cannot move the child across the state without either the other parent’s agreement or a court order modifying the restriction.
Moving a child outside the geographic boundary without permission is one of the fastest routes to an enforcement action. If you need to move, you file a modification petition and carry the burden of showing the court that the move serves the child’s best interest.
Modifying an Existing Order
A signed SAPCR is not the last word. Either parent can petition to modify it, but courts do not reopen orders because someone is unhappy. You must show one of three grounds:10State of Texas. Texas Family Code 156.101 – Grounds for Modification of Order Establishing Conservatorship or Possession and Access
- A material and substantial change in the circumstances of the child, a conservator, or another affected party since the order was signed or since the mediated agreement on which it was based.
- A child who is at least 12 has expressed a preference in chambers about which parent should determine primary residence.
- The conservator with the right to determine primary residence has voluntarily given up primary care and possession for at least six months.
Even with one of those grounds established, you still have to prove the modification is in the child’s best interest under the same Holley factors used in the original case.5Justia Law. Holley v. Adams, 544 S.W.2d 367 (Tex. 1976)
Enforcement and Contempt
A SAPCR is a court order, and ignoring it carries real consequences. If one parent refuses to follow the possession schedule, withholds the child, or fails to pay court-ordered support, the other can file a motion for enforcement, and the court can hold the violating parent in contempt.
Under Texas Government Code Section 21.002, a single act of contempt can be punished by a fine of up to $500, up to six months in county jail, or both. Each separate violation is punishable independently, so multiple missed weekends or support payments can stack into serious penalties. The court can also award make-up possession time and attorney’s fees to the wronged parent.
One thing the court cannot do: condition a conservator’s right to see their child on payment of child support.1State of Texas. Texas Family Code 153.001 – Public Policy Possession and support are separate obligations. A parent behind on support still has the right to their scheduled time, and a parent denied visitation still owes support.
When Parents Live in Different States
If the parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act decides which state’s court can hear the case. Texas adopted it in Family Code Chapter 152. A Texas court has jurisdiction to make a custody determination if Texas is the child’s “home state,” meaning the child has lived here with a parent for at least six consecutive months immediately before the case is filed.7State of Texas. Texas Family Code 152.201 – Initial Child Custody Jurisdiction For children under six months old, the home state is wherever the child has lived since birth.
If a child recently moved out of Texas but a parent still lives here, Texas keeps home-state jurisdiction for six months after the child leaves. Once that window closes, the new state becomes the home state after the child has lived there long enough. In emergency situations involving abuse or abandonment, a Texas court can exercise temporary emergency jurisdiction over a child physically in Texas, even if another state is the home state. Those temporary orders last only until the home-state court steps in.
Protections for Military Parents
Texas has specific rules for service members facing deployment, mobilization, or temporary military duty. Deployment is explicitly not a material and substantial change of circumstances, so the other parent cannot use it as grounds to permanently change custody. Either parent can seek temporary orders during a deployment without meeting the usual modification standard, and those temporary orders expire automatically when the deployed parent returns, snapping the original SAPCR order back into place.
A service member who missed scheduled time with a child because of deployment can petition for make-up possession, but the request has to be filed within 90 days after the deployment, mobilization, or temporary duty ends. Military parents are also required to maintain a Family Care Plan designating caregivers and addressing financial and logistical arrangements for the child during any absence. Failing to keep that plan current can lead to disciplinary action within the military, including separation from service.