Recently divorced parents are faced with the stressful and emotional impact of having to divide time with their children during a custody dispute. Child custody laws in Texas can be confusing, but one thing remains clear, your child’s best interests will be the deciding factor in a custody case.

Custody laws in Texas are strict and can be confusing, which leaves a lot of parents looking for answers, here are answers to common questions about custody.

What are the Different Types of Custody?

In Texas, custody is split into two categories called conservatorship and possession. The court will rule based on the best interests of the child as the priority before deciding on which type of custody to grant to parents.


When you have conservatorship, you will be responsible for making everyday decisions for your child and carrying out conventional parenting duties. Those responsibilities include and are not limited to the following:

  • Making doctor’s appointments and medical decisions.

  • Sending your child to school and overseeing their academic decisions.

  • Making decisions for their everyday activities like sports.

With conservatorship, you can either have sole conservatorship and make all of the decisions by yourself or have joint managing conservatorship, where you and your ex make decisions together.


Possession is when you and your ex have physical custody of your kids and includes a schedule of when you can visit your children. You and your ex can enter into an agreed parenting plan that you coordinate with your attorneys and the court will decide if the plan suits your children’s best interests.

If the parenting plan doesn’t fit your child’s best interests, then you will be allowed to revise the plan until it does. You can make modifications to your parenting plan with the help of an experienced family law attorney.

Where Can I File My Custody Case?

If you live in Texas and that is your child’s home state, but your ex moved to a different state, you would have to file your custody case in Texas. Another state would not have jurisdiction over your case if your child hasn’t lived in that state for at least 6 months.

Can I Receive Child Support if I Have Custody?

The court will dictate child support based on what is in the best interests of your child. You can still get child support if you have sole or joint custody.

Child support is normally paid by the non-custodial parent to the parent who has custody for the regular expenses of your children. The parent who has custody will always be granted child support in Texas if ordered by the court.

The court will grant support based on the following:

  • Who the child’s primary caregiver was during the marriage.

  • Your financial standing and your ex’s ability to pay child support.

  • The stability of your home.

  • Parental fitness.

When Can I Modify My Custody Order?

If you don’t agree with your current custody arrangement, you can contact an attorney for help. Any modifications that are made will need to be in the best interest of your kids.

If your child decides they want to change your current visitation schedule or custody agreement, they can do so if they’re at least 12 years of age or older.

You can make changes to your agreement at any time by showing a change in circumstances. An attorney can speak on your behalf and prove why the agreement should be modified.

How Can a Family Law Attorney Help?

Having a family law attorney to represent you and do the hard work on your behalf can make a huge difference. If you want to take your custody case to the next level, our attorneys at Bobby Dale Barina, Attorney At Law can make sure your children remain a priority and answer any misunderstandings you may have.

Contact our firm today at (254) 323-5506 for more information.