When parents split up, one of the most pressing questions is who will have custody of the children and what custody will look like. Understanding the standard custody agreement in Texas often starts with custody vocabulary. With that vocabulary, you can truly understand the standard Texas custody agreement.

For help deciding on a custody arrangement, contact the Larson Law Office. We can advise you what your options are, give our honest opinions about what child custody arrangements would work best for you, and then guide you through securing those arrangements.

Texas Child Custody Terms

Like many areas of the law, child custody comes with its own vocabulary. Texas’s vocabulary may vary slightly from what you expect, but it begins with the same core principles as other states.

Types of Custody

Custody can be physical or legal. A parent with physical custody is a custodial parent, and the child lives with them. A parent without physical custody is a noncustodial parent.

With legal custody, a parent has the right to decide important parts of the child’s life, like their:

Education,
Religious upbringing,
Living situation, and
Medical care.

Parents can have sole or joint custody. Typical custody arrangements include:

Joint legal and physical custody;
Joint legal custody only; or
Sole physical and legal custody.

A parent without custody may have visitation rights—the right to physically spend time with the child—or access rights—the right to communicate with the child electronically.

Texas Custody Terminology

In Texas, child custody falls under the umbrella of “conservatorships.” A parent can have a joint, sole, or possessory conservatorship. Joint conservators typically have parenting time established in a possession order.

In sum, you may see the following terms related to child custody in Texas:

Access: electronic communication with the child;
Conservatorship: custody arrangements under Texas law;
Conservator: the person with a conservatorship over a child;
Custodial parent: parent the child lives with (has physical custody);
Joint Managing Conservatorship (JMC): parents share legal custody;
Legal custody: the right to decide important things about a child’s life;
Noncustodial parent: a parent without physical custody;
Parenting time: time a parent with custodial rights spends caring for the child;
Physical custody: where the child resides;
Possession: time each parent has physical care of the child;
Possession order: establishes a parenting time schedule;
Possessory Conservatorship: a parent without custody but with visitation (possession) rights;
Sole Managing Conservatorship (SMC): a parent with sole physical and legal custody; and
Visitation: time a child spends with a parent without custody.

Finally, the paramount consideration in every custody case is the best interests of the child.

What Is the Standard Child Custody Agreement in Texas?

It is generally in the child’s best interests to have regular contact with both parents, so, in Texas, the standard custody agreement is a JMC. Although JMCs can involve joint physical custody, the standard custody agreement in Texas is a JMC with one custodial parent and one noncustodial parent. This arrangement allows the child to have a stable home base.

Schedule-wise, Texas offers three standard possession orders (SPOs), varying by whether the parents live 50 miles apart, 51 to 100 miles apart, or more than 100 miles apart. Although the law distinguishes between parents who live 50 miles apart and parents who live 100 miles apart or less, the SPOs are functionally equivalent.

Regardless of the schedule, the child’s mother has the child for Mother’s Day weekend, and the father has the child for Father’s Day weekend. The parent without parenting time on the child’s birthday can take the child for two hours, from 6 p.m. to 8 p.m.

Parents Live Within 100 Miles

For parents who live 100 miles apart or less, the noncustodial parent has parenting time:

Every other weekend, starting on the 1st, 3rd, and 5th Friday each month;
Thursdays during the school year;
Spring break in even-numbered years;
Winter break in even-numbered years from when school is dismissed to December 28;
Winter break in odd-numbered years from December 28 to the day before school resumes;
Thanksgiving during odd-numbered years; and
Up to 30 days during summer vacation.

During summer break, the noncustodial parent can take the child from July 1 to July 31 or elect different dates. The 30 days can be divided into a maximum of two periods, lasting at least seven days.

Parents Live More Than 100 Miles Apart

Noncustodial parents who live more than 100 miles from the custodial parent have parenting time:

One weekend per month, starting on the 1st, 3rd, or 5th Friday;
Spring break;
Winter break during even-numbered years from when school is dismissed until December 28;
Winter break during odd-numbered years from December 28 to the day before school resumes;
Thanksgiving during odd-numbered years;
Up to 42 days during summer vacation.

For summer, the noncustodial parent can have the child from June 15 to July 27 or elect different dates.

Establishing Your Custody Order

Although the standard custody arrangement is a good starting point for many parents, a carefully tailored plan that takes into account your family’s unique needs usually works better. For assistance getting your custody order in place and tailoring it to meet your needs, the Larson Law Office is here. We offer dedicated, personal service and can help you get a custody arrangement that suits your family.

A Guide to Standard Custody Arrangements in Texas Family Law