Child Custody

Custody of a child is one aspect of the parent-child relationship that can be determined in a SAPCR. This page will provide information on the process of obtaining and modifying custody of a child through the courts.

Note Child custody procedures may be impacted by the COVID-19 pandemic. Please see the Family Issues page on the Disasters & Emergencies research guide for current information related to COVID-19 and child custody.

Child's Preference

Upon request by one of the parties in a custody suit, Texas law requires the court to interview a child who is at least twelve years old about their wishes about custody. The court must still make a decision that is in the best interest of the child, but the child can at least have the opportunity to have their preference heard.

Texas Law:

Section 153.009 of the Texas Family Code
This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. They will not automatically be granted their preferred custody arrangement as the court still must rule in their best decision.

Explained in "Plain English":

When Can a Minor Child Weigh in on Custody Decisions in Texas?
This article from a Houston family law attorney discusses how a child's preference and other factors play into a court's custody determination.
State Bar of Texas - My 12 Year Old Says She’s Moving to Her Dad’s House! Can She Do That?
This "Client Page" from the State Bar of Texas explains a child's ability to voice their preferences about which parent they live with and clears up some common misconceptions.

Texas Laws

Title 5 of the Texas Family Code pertains to the parent-child relationship in general. Below are a list of some of the chapters within that title that specifically discuss child custody.

Texas Family Code, Chapter 152
The Uniform Child Custody Jurisdiction and Enforcement Act sets forth guidelines for courts for determining jurisdiction over and enforcement of interstate child custody issues.
Texas Family Code, Chapter 153
This chapter discusses court orders for conservatorship, possession, and access in detail.
Texas Family Code, Chapter 156, Subchapter B
Chapter 156 of the Texas Family Code discusses modifications of suits affecting the parent-child relationship in general. Subchapter B specifically sets forth grounds for modification of custody and visitation.
Texas Family Code, Chapter 157
This chapter outlines the procedure for enforcing a suit affecting the parent-child relationship, which includes custody issues.

Child Custody Explained in "Plain English"

Below you'll find a collection of resources that help to explain custody laws in "plain English."

Child Custody & Conservatorship
TexasLawHelp.org has compiled this list of frequently asked questions related to child custody. The page contains common definitions, links to other helpful articles related to custody, and links to forms.
Texas Access
This informative website provided by Legal Aid of Northwest Texas is aimed towards non-custodial parents. It provides common questions and answers, basic forms, and explanations of many common issues associated with custody, visitation, and support. This site also provides information about obtaining a lawyer as well as a hotline for brief legal information.
Interstate Child Custody Issues: The Uniform Child Custody Jurisdiction and Enforcement Act
This page from TexasLawHelp.org explains the Uniform Child Custody Jurisdiction and Enforcement Act and how it applies to different custody situations.
LGBT Custody
This private attorney's blog addresses several issues related to the unique challenges of creating custody agreements in families with LGBT parents.

Visitation and Access

Visitation (also called "possession") and custody (also called "conservatorship") are two different issues under Texas law. The following links provide information on visitation rights in Texas.

Child Visitation and Possession Orders
In Texas, visitation orders are formally known as "possession orders." This FAQ from TexasLawHelp.org explains how to obtain a possession order, how to modify a possession order, and how to enforce a possession order.
Visitation for Grandparents
This FAQ page from Texas Access provides information about the rights of grandparents to see their grandchildren in Texas.

Enforcement of Visitation and Possession Orders

If one party is not following the agreements set forth in the custody order, the other party can pursue enforcement of the order through the court. The following links explain the enforcement process and include relevant forms.

How to Enforce a Visitation Order
This overview of the visitation enforcement process contains advice for how to effectively request the courts to intervene when one parent is not honoring a visitation order.
Visitation Enforcement Kit (TexasLawHelp.org)
Enforce your visitation rights through the courts.
What to Do When a Parent Refuses to Follow a Court Order and Return a Child
If you have a court-ordered right to possession, the other parent is illegally keeping the child from you, and there is no serious, immediate, question about the child's welfare, you can ask a judge to order the child's return to you. This article explains the process.
Writ of Habeas Corpus and Writ of Attachment
The Texas County and District Clerks' Association has forms for a writ of habeas corpus and writ of attachment, as described in the above link, available in the Family and Juvenile category of their Form Library.
Missing Kids - Taking Action if One Parent Leaves the Country With a Child and Refuses to Return
If a parent takes a child outside of the United States to a country that has signed the Hague Convention on the Civil Aspects of International Child Abduction, you might be able to use the specific procedures outlined in that treaty to have them returned quickly. This article from the State Bar of Texas explains the general process.

Non-parental Caregivers

Relatives such as grandparents, aunts and uncles, and older siblings caring for a child may run into difficulties if they are not the legal conservator of the child. The resources below contain information that may be helpful for non-parent caregivers.

Articles for Grandparents & Other Nonparent Caregivers
These articles fromTexasLawHelp discuss grandparents' rights including custody and visitation.
Texas Kincare Primer
There are many children in Texas who are being cared for by a non-parent relative. The Texas Kincare Taskforce has developed this primer to help these caregivers understand their rights and responsibilities and know where they can turn for assistance.
Authorization for Nonparent Care of a Child
In order for a nonparent caregiver to be able to make certain decisions on behalf of a child, they may need authorization from the parent. This form allows a parent to authorize any adult caregiver to make decisions regarding their child. Note that this is an authorization that is distinct from a custody order issued by a court; it can be revoked by the parent at any time.

Texas State
Law Library

Child Custody and Support