Note The library cannot tell you what the law means for your situation.

The Parent-Child Relationship

Texas law establishes the rights and responsibilities of all parents. Mothers and fathers have the same rights under the law.

If parents divorce, the law presumes that the parents should be "joint managing conservators." This means that they would share decision-making responsibilities about a child. It does not necessarily mean that their time would be evenly split between parents.

If there is family violence or a parent is absent, one parent may be named a "sole managing conservator."

Texas Law

Texas Family Code, Chapter 151
This chapter defines the rights and responsibilities of a parent toward their children. The law uses the neutral term "parent." It does not grant different rights or responsibilities to mothers or fathers.
Sections 153.073 - 153.076 of the Texas Family Code
This chapter outlines the rights and responsibilities of people who co-parent children.
Texas Family Code, Chapter 153, Subchapter C
This section of Texas law indicates that unless further evidence is shown, it is in the best interest of the child that both parents will be named managing conservators.

Understanding the Law

Child Custody & Conservatorship
This page from TexasLawHelp.org explains and defines many of the concepts and terms related to child custody, including conservatorship, joint managing conservator, sole managing conservator, and possessory conservator.
Parents Rights When No Custody Orders Exist
This article from Texas Law Help outlines parents' rights and duties to their children in situations where there is no custody order.
Joint Managing Conservators Rights and Responsibilities
Texas Access explains the shared rights and responsibilities of joint conservators, in general and at the times when the child is with them.
Sole Managing Conservator and Possessory Conservator – Rights and Responsibilities
Texas Access explains the rights and responsibilities of sole managing conservators and possessory conservators.

Suits Affecting the Parent-Child Relationship

In order to get a court order for child support, custody, or visitation, you will need to file a Suit Affecting the Parent-Child Relationship, or SAPCR ("sap sir"). The links below will explain the process and provide forms for filing your SAPCR.

If you need to change an existing SAPCR, please see our page on Modifying a SAPCR.

Texas Law

Texas Family Code, Chapter 102
This chapter of the Texas Family Code describes who can file a SAPCR, how they must do so, and what the petition must contain.
Texas Family Code, Chapter 103
Chapter 103 of the Texas Family Code discusses venue for SAPCRs. This will help you determine where you should file the suit.

Forms & FAQs

FAQs: Filing a Parent SAPCR (Custody) Case
This page answers frequently asked questions about the SAPCR process. It cover topics like where to file, how long it might take, and what to do if the other parent is out of state, incarcerated, or in the military.
SAPCR - Custody Forms
TexasLawHelp.org provides SAPCR Custody forms when you are not getting divorced and when paternity of the child has been established. You will find forms for the original suit as well as forms for a response.
Child Custody & Support Legal FAQs
The library's legal FAQs address questions on various aspects of child custody and child support.

E-Books

Texas residents can access e-books with a free library account.

Texas family law practice manual
This publication from the State Bar of Texas provides practice guidance and forms for many common aspects of family proceedings.
Texas family law practice and procedure
This multivolume set covers conservatorship, guardianship, premarital agreements, divorce, custody, spousal support, temporary orders, termination of parental rights, adoption, and more. Includes drafting guides for legal forms.
Nolo's essential guide to child custody & support
This title provides an overview of common legal issues that arise when setting and adjusting child custody and child support agreements.
Building a parenting agreement that works : child custody agreements step-by-step
Nolo’s guide to creating a co-parenting agreement provides information, worksheets, and a fill-in-the-blank parenting agreement to assist divorcing couples in making a fair and lasting child custody agreement. The mediation-based strategies contained in this book will help minimize conflict in resolving issues such as health care, education, and living arrangements.