Child Custody & Visitation in Texas: What Parents Need to Know

Posted by Bobby Dale BarinaDec 05, 2025

Child custody is one of the most emotional and important issues any parent faces in a Texas family law case. Whether you are beginning a divorce, modifying an existing order, or dealing with a co-parent who refuses to follow the schedule, understanding how Texas courts handle custody and visitation can protect your relationship with your child.

As a Temple, Texas family law attorney, I help parents secure custody and parenting time that reflects the reality of their child's needs and the strength of their parenting.

Understanding Conservatorship vs. Possession and Access

Texas does not use the words “custody” and “visitation.” Instead, the law uses:

  • Conservatorship = parental rights & decision-making

  • Possession and Access = parenting time / visitation

Most Texas parents are named Joint Managing Conservators, meaning they share major decisions. However, one parent is usually awarded the exclusive right to determine the child's primary residence—this parent is often called the “custodial parent.”

Learn more about Texas custody here:
👉 https://www.bobbybarinalaw.com/family-law/child-custody/

The Best Interest of the Child Standard

Every custody decision in Texas revolves around one standard:

What is in the child's best interest?

Judges consider factors such as:

  • The child's physical and emotional needs

  • Each parent's ability to care for the child

  • The stability of each home

  • Parental cooperation

  • Safety concerns or family violence

  • School, community, and extended family connections

The court's goal is simple: stability, security, and continuity for the child.

Standard Possession Order (SPO)

Most parents follow the Standard Possession Order. Under the SPO, the non-custodial parent typically receives:

  • 1st, 3rd, and 5th weekends

  • Thursday evenings during the school year

  • Alternating holidays

  • Extended summer visitation

Parents can agree to alternate schedules, such as 50/50, as long as it serves the child's best interest.

When Courts Deviate from the SPO

Courts may award a custom parenting plan when:

  • A child is under age 3

  • A parent lives far away

  • A parent's work schedule is unusual

  • Safety or supervision is needed

  • The child has special medical or developmental needs

Modifying Custody & Visitation

Custody orders can be modified if:

  • A parent's circumstances materially change

  • The current arrangement is no longer working

  • A parent refuses to follow the order

  • A child age 12+ expresses a preference to the judge

  • Safety concerns arise

Why You Need a Strong Advocate

Custody battles are emotional. You need someone who understands both the legal and personal impact of parenting time decisions. As your attorney, I will:

✔ Build a strong case based on evidence
✔ Protect your parenting rights
✔ Draft a realistic and enforceable parenting plan
✔ Fight for parenting time that reflects your child's needs
✔ Advocate for you in mediation and in court

Your child deserves stability—and you deserve a fair schedule.

Call for Help Protecting Your Parental Rights

📞 (254) 699-3755
📍 Barina Law Group, 2207 Birdcreek Drive, Temple, Texas 76502
🌐 www.bobbybarinalaw.com
📧 [email protected]