How does child custody work in Texas divorces?

Julie Gray

Texas managing attorney at Marble Law

Published October 11, 2024 · 3 min read

Key Takeaways

Texas courts decide child custody (conservatorship and visitation) based on what's best for the child, not the parents. This is commonly referred to as “best interest of the child”.
There are two main parts to child custody:

Conservatorship: This decides which parent makes big choices about the child's life (like education or healthcare). Parents can share this (joint managing conservatorship) or one parent can have it alone (sole managing conservatorship).
Possession and Access: This decides when each parent spends time with the child (visitation).

Divorce can be tough on everyone, especially kids. Texas courts understand this and want to make sure your children are well cared for after your divorce. There are two main things the court considers when deciding child custody:

In Texas, divorces can cost anywhere from $4,000 (uncontested) to over $20,000 (contested with many issues).
Hourly Rates: Many lawyers charge by the hour, with rates averaging between $260 and $320, but with firms like Marble, you can pay per service, not per hour–so you’re only charged for what you actually need.

Family on couch discussing custody, child covering her ears.

Get the right lawyer for your divorce

Schedule a free 15-min call with our team today

1. Conservatorship: This is a fancy way of saying who gets to make important decisions about your child's life, like what school they go to or which doctor they see.

Joint Managing Conservatorship: In this case, both parents share the responsibility of making big decisions for the child. This can work well if you and your ex can still communicate and work together.
Sole Managing Conservatorship: Sometimes, the court decides it's best for one parent to make all the big choices. This might happen if you and your ex can't agree on things or if one parent is deemed unfit to make important decisions for the child.

2. Possession and Access: This refers to how much time each parent gets to spend with the child (visitation). There's no one-size-fits-all answer here. The court will decide what schedule works best for your child, considering things like their age, school schedule, and activities.

Additional factors:

Best interest of the child: as mentioned above, the most important thing for the Texas court is what's best for your child. They'll consider many factors before making a decision, not what's easiest for the parents.