Recently updated on October 9th, 2025 at 05:41 am

Overview

In Texas, issues of child custody and visitation are handled under the legal term “conservatorship.” The Texas Family Code sets out rules to determine who will have the right to make important decisions about a child and how much time each parent will spend with the child. Courts base their decisions on the “best interest of the child” standard, considering factors such as the child’s needs, safety, and each parent’s ability to care for the child. Custody in Texas is typically structured as either joint managing conservatorship, where both parents share responsibilities, or sole managing conservatorship, where one parent has primary decision-making authority. Visitation, called “possession and access” in Texas law, ensures the noncustodial parent has meaningful contact with the child unless restricted by the court for safety reasons.

Who Benefits and Who Can Apply

Custody and visitation laws are designed to protect children by ensuring they have stable and supportive relationships with their parents. Both mothers and fathers benefit by having their parental rights recognized and clarified. Grandparents or other relatives may apply for visitation rights in certain circumstances, particularly when it is in the child’s best interest. A legal guardian or representative may also file on behalf of a parent who is incapacitated. These provisions ensure children remain connected with family and receive consistent care.

Benefits of Custody and Visitation Laws in Texas

• Promotes the child’s best interests and well-being.
• Encourages shared parental responsibility in most cases.
• Protects children from unsafe or unfit parenting situations.
• Provides clear schedules for visitation to reduce conflict.

Step-by-Step Process

Step 1: Determine the Type of Conservatorship

The first step in any Texas custody or visitation case is determining the appropriate type of conservatorship. In Texas, the legal term “conservatorship” is used instead of “custody,” and it refers to the rights and duties that parents or guardians have concerning a child. The Texas Family Code presumes that appointing both parents as joint managing conservators is in the child’s best interest unless there is a clear reason to do otherwise. This presumption reflects the state’s policy that children benefit from the active involvement of both parents in their lives. However, depending on the family’s circumstances, a court may grant one parent sole managing conservatorship, especially if shared decision-making would not serve the child’s well-being.

A managing conservator has the legal right to make major decisions about the child’s education, medical care, psychological treatment, and moral or religious upbringing. The court divides these decision-making rights either jointly or solely, depending on what arrangement best protects the child. In most cases, joint managing conservatorship allows both parents to share these responsibilities, even if one parent is designated as the primary custodian who determines the child’s main residence. The noncustodial parent, known as the possessory conservator, usually retains the right to access information about the child and to participate in decisions, though the primary custodian has the authority to make final determinations in areas assigned by the court.

When deciding whether to order joint or sole conservatorship, the court examines multiple statutory factors under Texas Family Code Section 153.002. The primary consideration is always the best interest of the child, which includes the child’s emotional and physical needs, the stability of each parent’s home, the history of parental involvement, and any evidence of abuse, neglect, or substance use. The court also considers the ability of both parents to cooperate, communicate, and share responsibilities effectively. If one parent demonstrates a history of domestic violence or fails to provide a safe environment, the presumption of joint conservatorship can be overcome, leading the court to designate that parent as a possessory or limited conservator.

Sole managing conservatorship grants one parent the exclusive right to make important decisions for the child, including the right to determine where the child lives, the right to consent to medical treatment, and the right to receive child support. Courts typically grant sole conservatorship when one parent has engaged in conduct that endangers the child’s well-being or when shared decision-making would expose the child to conflict. Even in these cases, the other parent may still have visitation rights unless contact is deemed unsafe. Visitation restrictions can range from supervised visits to complete suspension of contact depending on the severity of the circumstances.

Joint managing conservatorship does not necessarily mean equal parenting time. The court distinguishes between managing rights and possession schedules. Even when both parents share decision-making authority, the court usually designates one parent as the “custodial parent” with the right to determine the child’s primary residence. The other parent, known as the “noncustodial parent,” receives a Standard Possession Order or another schedule specifying when they can spend time with the child. This structure ensures that decision-making remains balanced while providing the child with consistency and stability.

For parents who can cooperate effectively, joint conservatorship offers flexibility. Courts encourage parents to reach their own agreements about decision-making and visitation, known as parenting plans. These plans can be tailored to the family’s circumstances, provided that both parents’ roles support the child’s health, education, and emotional development. However, even when parents agree, the court must review and approve the plan to ensure it complies with Texas law and serves the child’s best interest.

In cases involving nonparents, such as grandparents or other relatives, conservatorship may be granted if both parents are deceased, unfit, or absent. The court applies the same best-interest standard when deciding whether to appoint a nonparent as managing or possessory conservator. Nonparent conservatorships often arise when a child’s parents are unable to provide care due to incarceration, substance abuse, or other serious issues. These cases require substantial evidence and typically involve a higher burden of proof to override the parents’ constitutional right to custody.

The decision about the type of conservatorship has far-reaching consequences for both parents and children. It determines who will make educational and medical decisions, who will manage the child’s residence, and how parental communication will function. Because the outcome influences all subsequent steps in the custody process, it is essential for parents to understand each option fully before proceeding. Consulting the Texas Family Code and, when possible, seeking legal advice ensures that the petition for conservatorship accurately reflects the desired arrangement.

Determining the appropriate conservatorship structure is the foundation of every custody and visitation case in Texas. It shapes the scope of parental authority, defines the framework for possession and access, and establishes the court’s approach to future modifications. Taking time to evaluate family dynamics, safety considerations, and communication abilities allows parents to present a realistic and well-supported proposal to the court. Once the conservatorship type is determined, the process moves to formal filing and establishing the court’s jurisdiction over custody and visitation matters.

Step 2: File for Custody Orders

Once a parent determines the type of conservatorship they wish to pursue, the next step is to formally file for custody with the appropriate court. In Texas, child custody cases are initiated by filing a legal action known as a Suit Affecting the Parent-Child Relationship (SAPCR). If the custody issue arises during a divorce, the custody requests are included in the divorce petition rather than filed separately. Filing the SAPCR or divorce petition formally gives the court jurisdiction over the parents, the child, and any related matters such as visitation, child support, and medical insurance coverage. This filing step is crucial because no court can issue binding orders regarding custody or visitation until jurisdiction is properly established.

The parent who initiates the case is called the petitioner, and the other parent is the respondent. The petition is filed with the district clerk of the county where the child has lived for the past six months or, if the child is less than six months old, in the county where the child has lived since birth. This residency rule ensures that the court has proper authority to decide issues involving the child. Filing in the wrong county or without meeting residency requirements can delay the case or result in dismissal, forcing the petitioner to restart the process in the correct venue.

The SAPCR filing includes key identifying information such as the names, addresses, and dates of birth of the parents and children, and a statement outlining the requested conservatorship arrangement. The petition should clearly specify whether the filer is requesting joint or sole managing conservatorship and whether they are asking for a standard or modified possession schedule. It must also identify any existing court orders that affect the child, such as previous custody or support orders, so the court can ensure consistency and avoid conflicting rulings. If protective orders or family violence allegations exist, those should be disclosed as well, as they directly affect how custody and visitation will be structured.

Filing fees for SAPCR cases typically range from $250 to $350, depending on the county. If the petitioner cannot afford the filing fees, they may request a fee waiver by submitting a Statement of Inability to Afford Payment of Court Costs. Supporting documentation, such as proof of income or government assistance, may be required. Fee waivers ensure that parents with limited resources can still access the courts for custody determinations without financial barriers.

Once filed, the clerk issues a cause number, which becomes the official identifier for the case. The petition must then be served on the other parent (the respondent) to provide notice of the proceedings. Service is typically performed by a constable, sheriff, or private process server, and the respondent must receive a copy of the petition and citation. This ensures that both parties have an opportunity to appear and be heard, which is a fundamental part of due process. In some cases, the respondent may voluntarily sign a Waiver of Service, acknowledging receipt of the petition and waiving the formal service requirement. This option can save time and expense, particularly in cases where the parents are cooperative.

If the other parent’s location is unknown, the petitioner may request alternative service methods, such as posting or publication, with court approval. This requires demonstrating reasonable efforts to locate the other parent. Proper service is essential because the court cannot proceed or issue binding orders until the respondent has been legally served. Any mistakes or delays in this step can extend the overall timeline of the custody case.

In addition to filing the main petition, parents can request temporary orders at this stage. Temporary orders are court rulings that provide short-term solutions while the case is pending, covering issues like temporary custody, visitation schedules, and child support. These orders maintain stability and prevent disputes from escalating while the court process continues. Requests for temporary orders are typically accompanied by affidavits outlining the reasons why interim relief is needed.

After filing, the court will schedule an initial hearing or case management conference, depending on the county’s procedures. This first appearance may address immediate needs, confirm jurisdiction, and set deadlines for discovery or mediation. In some counties, parents are required to attend parenting classes before final custody decisions can be made. These classes educate parents about the emotional impact of divorce or custody disputes on children and promote cooperation in co-parenting arrangements.

Parents should keep copies of all documents filed with the court, including the petition, citation, proof of service, and any temporary orders. These records serve as the official trail of the case and are necessary for future modifications or enforcement actions. Maintaining organized documentation helps ensure compliance with court requirements and prevents delays during later stages.

Filing for custody formally begins the legal process that will determine a child’s long-term care and upbringing. It transforms personal disagreements into structured legal proceedings governed by Texas Family Code standards and judicial oversight. By filing correctly, serving the respondent promptly, and complying with procedural rules, parents establish a strong foundation for their case. This step sets the stage for temporary orders, mediation, and eventual final orders that will govern conservatorship, possession, and access for years to come.

Step 3: Temporary Orders

After the initial filing of a custody case, parents often need immediate guidance on how to manage parenting responsibilities, financial obligations, and access to the child while the case is pending. Because custody cases can take months to resolve, Texas courts allow parents to request temporary orders. Temporary orders establish legally enforceable arrangements for conservatorship, possession, and support until a final judgment is entered. This step is essential for maintaining stability and preventing disputes from escalating during the case. These orders ensure that the child’s daily life remains structured and that both parents understand their rights and duties before a permanent decision is made.

A request for temporary orders can be filed with the original petition or after the respondent has been served. Either parent may request the court to issue temporary custody, visitation, and child support arrangements. The request must explain why temporary relief is necessary and include specific proposals for parenting schedules, financial support, or use of property. For example, one parent may ask to be named temporary primary conservator if they have been the child’s primary caregiver or if the other parent’s behavior raises safety concerns. The requesting parent typically submits an affidavit providing facts to support the need for temporary orders, such as the child’s school schedule, living arrangements, or evidence of instability by the other parent.

The court will then schedule a temporary orders hearing. Both parents are entitled to notice of the hearing and the opportunity to present evidence. At the hearing, the judge considers testimony, documents, and any relevant exhibits to determine what arrangement serves the best interests of the child. Temporary orders hearings are often less formal than trials but still require adherence to courtroom procedures. Each side may testify, call witnesses, and present evidence such as police reports, financial records, or communications that demonstrate a parent’s ability to provide for the child. The judge may also consider the history of caregiving, work schedules, and whether either parent has engaged in conduct that threatens the child’s welfare.

In determining temporary conservatorship, courts apply the same best-interest standard used in final orders. Judges typically maintain existing caregiving patterns unless there is evidence that change is necessary to protect the child. Temporary custody arrangements are designed to minimize disruption to the child’s schooling, routines, and emotional stability. The court may grant one parent temporary exclusive possession of the family home or authority to make educational and medical decisions during this period. These orders remain in place until modified by the court or replaced by the final decree.

In addition to conservatorship, temporary orders often address possession and access, commonly referred to as visitation. Judges may order a Standard Possession Order or a modified version depending on the child’s age and needs. For example, younger children may have shorter, more frequent visits, while older children may follow the standard alternating-weekend pattern. Courts encourage both parents to maintain meaningful contact with the child, provided that contact does not jeopardize the child’s safety or emotional health. If there are concerns about violence, substance abuse, or neglect, the judge can order supervised visitation, where visits occur in the presence of a neutral third party or at a designated visitation center.

Temporary financial arrangements are another key aspect of this step. The court may order temporary child support based on each parent’s income and the Texas Child Support Guidelines. The judge may also require either parent to maintain health insurance for the child and divide uninsured medical expenses proportionally. These financial provisions ensure that the child’s needs are met consistently throughout the legal process. If one parent has limited income or relies on the other for housing, the court may also issue temporary spousal support or exclusive use of certain property, such as a vehicle or residence.

Violations of temporary orders carry serious consequences. Once signed by the judge, temporary orders are legally binding and enforceable just like final orders. A parent who denies court-ordered visitation, fails to pay child support, or removes the child without permission may face contempt proceedings, fines, or even jail time. Therefore, it is critical for both parents to understand and comply fully with the terms of the temporary orders. Keeping written records of compliance, such as visitation exchanges, payments, and communication logs, can be helpful in future hearings or disputes.

In some counties, courts refer parents to mediation before setting a temporary orders hearing. Mediation allows both sides to negotiate temporary arrangements with the help of a neutral third party. Agreements reached in mediation are usually approved by the court and made into binding temporary orders, saving time and reducing conflict. Mediation is especially beneficial in cases involving ongoing co-parenting relationships because it promotes cooperation and communication.

Temporary orders play a stabilizing role in Texas custody cases. They define responsibilities, protect the child from uncertainty, and set expectations for both parents while the court evaluates long-term solutions. These orders also create a foundation for the final judgment. Judges often look at how well each parent complied with temporary orders when deciding final custody arrangements. A parent who follows the temporary schedule responsibly and demonstrates consistent parenting may be viewed more favorably in final decisions.

By requesting appropriate temporary orders early and complying with them diligently, parents can safeguard their child’s welfare and strengthen their case. These interim arrangements ensure that the child’s daily life remains consistent and that both parents understand the court’s expectations. Once temporary orders are in place, the next step in the custody process involves developing a formal parenting plan that outlines long-term conservatorship and visitation schedules.

Step 4: Parenting Plans

A parenting plan is a detailed written agreement that outlines how parents will share responsibilities for their child after separation or divorce. In Texas, parenting plans are often encouraged by the courts because they allow parents to tailor arrangements that best fit their family’s specific needs, provided they meet the child’s best interest standard. When parents can reach a comprehensive agreement, courts typically approve it with minimal modification. A well-crafted parenting plan reduces conflict, provides predictability, and ensures both parents understand their duties and rights regarding the child’s upbringing.

The Texas Family Code provides broad flexibility in designing a parenting plan, but certain components are mandatory. Every plan must specify the type of conservatorship (joint or sole managing conservatorship), the rights and duties of each parent, and the possession and access schedule. It must also include provisions for child support, medical and dental insurance, and the allocation of decision-making authority for key matters such as education and health care. For joint managing conservatorships, the plan must clearly state which parent has the exclusive right to determine the child’s primary residence or whether a geographic restriction applies, such as limiting the residence to a specific county or school district.

When preparing a parenting plan, parents should focus on clarity and practicality. The plan should describe day-to-day responsibilities, including who will pick up and drop off the child, how communication will occur, and how holidays, birthdays, and vacations will be shared. Courts value detailed schedules that minimize confusion and reduce opportunities for disagreement. For example, instead of vague statements like “parents will share holidays,” a better approach is to list specific holidays, define start and end times, and alternate years. This level of specificity prevents disputes and allows enforcement if one parent fails to comply.

Communication guidelines are another important element. Parents are encouraged to maintain civil and consistent communication, particularly when the child moves between households. The plan can include provisions for using shared calendars, communication apps, or neutral exchanges to minimize conflict. For high-conflict cases, courts often recommend tools such as OurFamilyWizard or Talking Parents, which track all messages and ensure accountability. Including a clear communication method in the parenting plan helps the child experience less tension and uncertainty.

Parenting plans should also address major decision-making responsibilities. In joint conservatorships, both parents usually share the right to make educational and medical decisions, but one parent may have the exclusive right to choose the child’s residence or to consent to certain treatments. The plan can divide responsibilities by category—for example, one parent oversees health care while the other handles education. This structure allows both parents to remain engaged while avoiding conflict over overlapping authority. If the court finds that communication between parents is too poor to support shared decision-making, it may assign one parent exclusive rights in critical areas.

Another critical section of a parenting plan involves dispute resolution procedures. The plan can specify that future disagreements about scheduling or decision-making must first go through mediation before returning to court. This clause helps prevent recurring litigation and encourages cooperation. Mediation is often faster and less costly than formal hearings, allowing parents to adjust their schedules or responsibilities as the child grows and circumstances change. Including a mediation clause demonstrates good faith and commitment to problem-solving.

The parenting plan must also consider the child’s developmental needs. Younger children benefit from frequent, shorter visits to maintain attachment to both parents, while older children can handle longer visitation periods. Courts generally prefer continuity and stability, meaning the plan should preserve the child’s school, community, and family connections. Plans that prioritize the child’s stability are more likely to be approved quickly. Judges look for evidence that both parents can cooperate and that the arrangement supports the child’s emotional and physical well-being.

When parents cannot agree on a parenting plan, the court will impose one based on statutory guidelines. In these situations, judges often start with the Standard Possession Order as a default structure, then modify it as needed for the child’s best interest. Even if the court decides the final terms, parents can still submit their proposed plans for the judge’s consideration. Well-prepared plans, even when not jointly agreed upon, demonstrate thoughtfulness and involvement, which can influence the court’s decision.

Once the plan is approved, it becomes part of the court’s final order and is fully enforceable. Any violation of the plan, such as withholding visitation or failing to communicate about the child, can lead to contempt proceedings. Therefore, both parents must carefully follow the agreed schedule and conditions. As children grow, the plan may need to be modified. Either parent can later request changes if there has been a significant change in circumstances, but courts prefer stability, so frequent revisions are discouraged.

Creating a parenting plan gives parents an opportunity to design a cooperative, child-focused structure that aligns with the family’s unique needs. It transforms a potentially adversarial court process into a constructive planning effort centered on the child’s well-being. By addressing rights, duties, schedules, and conflict-resolution methods in advance, parents can reduce future disputes and help the child thrive in a consistent, predictable environment. Once finalized, the parenting plan guides daily life and lays the foundation for future adjustments as the child’s needs evolve.

Step 5: Standard Possession Order

When parents cannot agree on visitation or access schedules, Texas courts typically rely on the Standard Possession Order (SPO) outlined in the Texas Family Code. The SPO provides a structured, predictable schedule for when each parent will have possession of the child. Its purpose is to promote consistency, reduce conflict, and ensure that the child maintains meaningful contact with both parents. The SPO is presumed to be in the best interest of children aged three and older, although the court can modify it to suit individual circumstances. Understanding how the SPO operates helps parents anticipate the timeframes, responsibilities, and flexibility built into the default visitation structure.

Under the Standard Possession Order, the noncustodial parent—also called the possessory conservator—has the right to spend time with the child on the first, third, and fifth weekends of each month. These weekends generally begin on Friday at 6 p.m. and end on Sunday at 6 p.m. The noncustodial parent also has possession every Thursday evening during the school year, from 6 p.m. to 8 p.m., or overnight in some extended versions of the order. The SPO further grants extended visitation during holidays and summer vacations, ensuring both parents have quality time with the child throughout the year. This consistent rhythm helps children maintain stability while fostering strong relationships with both parents.

Holiday visitation is shared to ensure fairness. The order alternates major holidays between parents each year. For example, one parent may have the child for Thanksgiving in even-numbered years and Christmas in odd-numbered years. Spring break is also alternated annually, and the noncustodial parent is entitled to 30 days of visitation during summer vacation, which can be divided into one or two periods. If both parents live more than 100 miles apart, the noncustodial parent may receive extended summer possession—up to 42 days—and may also adjust weekend visitation to accommodate travel distances. The order includes precise deadlines for giving notice of summer and holiday visitation to avoid disputes.

The SPO can be customized through the Expanded Standard Possession Order (ESPO), which provides the noncustodial parent with additional time. The ESPO allows visitation to begin when school is dismissed on Thursday and continue until the following Monday when school resumes, effectively giving the parent a long weekend. This schedule has become increasingly common in Texas courts because it offers a more balanced sharing of time without undermining the stability of the child’s school week. Courts often adopt the ESPO in cases where both parents live within 50 miles of each other and can cooperate effectively in co-parenting.

Parents can also agree to modify the Standard Possession Order to better reflect their family’s needs. Agreements can include adjustments for work schedules, extracurricular activities, or religious observances. The court encourages flexibility and cooperation, provided that changes do not disrupt the child’s education or well-being. Even though the SPO is a statutory guideline, the court retains discretion to modify it if evidence shows that the standard schedule would not be in the child’s best interest. For example, modifications may be necessary for children with special needs, irregular school schedules, or when one parent works nontraditional hours.

The SPO contains provisions for transportation and exchanges. Typically, the parent receiving the child is responsible for picking them up at the beginning of each visitation period, while the other parent is responsible for returning the child afterward. Exchanges usually occur at the custodial parent’s residence unless the court specifies another location. For high-conflict cases, courts may order exchanges to take place at neutral locations or require third parties to facilitate pick-ups and drop-offs. Parents are encouraged to be punctual and cooperative during exchanges to prevent unnecessary tension and to set a positive example for the child.

In addition to setting a possession schedule, the SPO establishes communication rights. Both parents have the right to telephone or video contact with the child during reasonable hours. Modern versions of the SPO often include electronic communication clauses, allowing video calls, emails, and other digital contact methods. Courts recognize that consistent communication helps maintain parent-child bonds, especially when one parent lives far away or when the child is young. However, communication must not be used to interfere with the other parent’s time or disrupt the child’s activities.

When children are under the age of three, courts often modify the Standard Possession Order to fit the child’s developmental needs. Young children may not handle long separations from their primary caregiver, so judges may order shorter but more frequent visits until the child reaches the age of three. At that point, the SPO generally becomes the default arrangement unless a parent demonstrates that it would not serve the child’s best interests. This gradual transition helps young children form secure attachments while maintaining relationships with both parents.

Compliance with the SPO is mandatory once it is incorporated into a court order. Failure to comply—such as denying access or failing to return the child on time—can lead to enforcement actions, including contempt of court, fines, and in serious cases, jail time. Parents should keep records of visitation dates, communications, and any issues that arise, as documentation can be critical if disputes occur. If one parent consistently violates the order, the other may file a motion to enforce, and the court can impose penalties or modify the schedule to ensure reliability.

The Standard Possession Order provides a clear, predictable framework that balances the rights of both parents while focusing on the child’s best interest. Although it serves as the default structure, courts encourage parents to collaborate and create customized schedules that fit their unique family circumstances. By understanding and adhering to the SPO’s terms, parents can minimize conflict, ensure consistent contact, and create a stable environment where their child can thrive emotionally and socially.

Step 6: Considerations for Children Under 3

When a child is younger than three years old, Texas courts recognize that their developmental and emotional needs differ significantly from those of older children. The Standard Possession Order (SPO), which is generally presumed to be in the best interest of children aged three and older, does not automatically apply to infants and toddlers. Instead, courts must create customized visitation schedules that promote bonding with both parents while considering the child’s age, attachment patterns, and stability. This stage of custody planning requires careful balancing between maintaining consistent care and allowing meaningful relationships with both parents to form.

The Texas Family Code specifically acknowledges that children under three need frequent contact with both parents but shorter separation periods from their primary caregiver. The court’s goal is to encourage a nurturing and secure attachment with both parents while avoiding disruptions that might cause anxiety or confusion for the child. Judges often rely on expert input from child development specialists or family evaluators to craft age-appropriate visitation schedules. These schedules vary widely, but they usually emphasize frequent, shorter visits for the noncustodial parent that gradually expand in duration as the child grows.

For newborns and infants, the court often limits overnight visits with the noncustodial parent, especially if the child is breastfeeding or requires a highly structured routine. Typical visitation at this stage may include several short visits each week, often lasting a few hours at a time, to help the child become familiar and comfortable with both parents. These visits can occur in the noncustodial parent’s home or at neutral locations, depending on the circumstances. As the child becomes more comfortable, visits can increase in length and frequency. Courts encourage parents to cooperate and adjust schedules as the child’s developmental needs change.

For toddlers approaching the age of two or three, the court may introduce longer visits, including partial or full days, and eventually short overnight stays. The transition must be gradual to ensure the child adapts well and continues to feel secure. Consistency in routines, such as feeding times, naps, and bedtime rituals, plays a major role in minimizing stress for the child. Parents are encouraged to communicate frequently about the child’s habits, comfort items, and emotional reactions to visitation. Judges appreciate when both parents demonstrate flexibility and an understanding of early childhood development when proposing or following visitation schedules.

In deciding the structure of visitation for children under three, the court considers several factors. These include who has been the child’s primary caregiver since birth, the child’s attachment to each parent, the parents’ ability to cooperate, and the physical distance between their homes. The judge will also assess whether the noncustodial parent has demonstrated consistent involvement and a stable environment. If a parent has limited contact history or instability, the court may order supervised visitation or a phased schedule that expands as trust and consistency are established. In cases involving family violence or substance abuse, safety considerations override all other factors, and visitation may be restricted or monitored.

In many counties, Texas courts provide model visitation schedules for children under three to guide parents and attorneys in crafting suitable arrangements. These guidelines typically recommend shorter, more frequent visits, such as two-hour visits several times a week for infants under six months, half-day visits for children six to eighteen months, and full-day or short overnight visits for children approaching three. While these are not mandatory rules, they provide a framework for tailoring schedules to the child’s stage of development and ensure that both parents remain engaged.

Parents are encouraged to use parenting coordination or mediation to reach agreements about infant visitation instead of relying solely on judicial rulings. Agreements reached through mediation are more likely to reflect the family’s unique circumstances and minimize future conflict. If parents agree on a schedule, they can submit it to the court for approval. Once approved, the schedule becomes enforceable like any other court order. Courts are generally supportive of flexible agreements that evolve as the child matures, provided they maintain stability and consistency in the child’s environment.

Maintaining open communication between parents is crucial during this stage. Sharing updates about feeding, sleep, medical appointments, and developmental milestones helps both parents remain involved in the child’s life. Courts view cooperative co-parenting favorably, as it shows commitment to the child’s welfare rather than personal disputes. Parents who withhold information or use visitation as a tool for control risk unfavorable rulings in future custody modifications.

As the child approaches their third birthday, the court will typically transition to a Standard Possession Order or a modified version suited to the family’s circumstances. The gradual increase in visitation duration prepares the child for this transition. Parents should document how well the child adjusts to each stage and report any concerns respectfully through the appropriate legal channels. Once the court confirms that the child is ready for the next phase, the standard schedule becomes the new default arrangement.

Visitation arrangements for children under three focus on nurturing, stability, and trust. By keeping the child’s developmental needs at the center of the process, courts and parents can create environments that encourage secure attachment and positive growth. These early years lay the foundation for lifelong relationships, making this step one of the most sensitive and significant in Texas custody proceedings. Once the child reaches an age where longer and overnight visits are suitable, the process moves naturally toward more standardized schedules such as those outlined in the Standard Possession Order.

Step 7: Mediation and Settlement

Mediation plays a central role in Texas custody and visitation cases by offering parents an opportunity to resolve disputes outside the courtroom. Rather than having a judge impose a decision, mediation allows parents to create their own customized parenting arrangements under the guidance of a neutral third party called a mediator. This process helps reduce conflict, saves time and expense, and often results in outcomes that are more flexible and satisfactory for both parents. Texas courts strongly encourage mediation, and in many counties, participation is required before a case proceeds to trial.

The mediation process begins when the court orders or one of the parties requests it. Both parents and their attorneys, if represented, meet with a certified family mediator who facilitates structured discussions about disputed issues such as conservatorship, possession schedules, child support, and parental communication. The mediator does not make decisions but instead helps the parties identify common ground and develop mutually acceptable solutions. The goal is to reach an agreement that aligns with the child’s best interests and complies with the Texas Family Code. Mediation sessions can be held in person, online, or through a hybrid format depending on the parties’ needs.

Before mediation, both parents should prepare by reviewing the key issues they wish to resolve and gathering any relevant information, such as proposed parenting plans, financial records, and calendars. Entering mediation with specific, realistic proposals increases the likelihood of success. Parents are encouraged to focus on problem-solving rather than fault-finding. The mediator helps maintain a respectful tone, redirecting discussions toward constructive outcomes. Everything said during mediation is confidential under Texas law, which allows parents to speak freely without fear that statements will later be used against them in court.

During mediation, the process typically begins with an opening session where both parents discuss their goals and concerns. The mediator then meets separately with each parent in private sessions, known as caucuses, to explore settlement options and address emotional or logistical barriers to agreement. The mediator may move between rooms, facilitating communication and proposing compromises. These private sessions are valuable because they allow parents to express candid thoughts and explore solutions they might hesitate to share directly with the other parent.

If an agreement is reached, the mediator or attorneys draft a document known as a Mediated Settlement Agreement (MSA). The MSA outlines the terms of conservatorship, possession, child support, and any additional agreements reached during the session. Under Texas Family Code Section 153.0071, a properly signed MSA is binding once it meets three requirements: it must state that it is not subject to revocation, be signed by both parties, and be signed by their attorneys if represented. Once signed, neither parent can withdraw from the agreement unless it violates the child’s safety or was reached under duress, fraud, or coercion. The court typically approves the MSA and incorporates its terms into the final custody order.

Mediation offers several advantages over courtroom litigation. It allows parents to maintain control over the outcome rather than leaving critical decisions to a judge. It also fosters cooperation and communication skills that are valuable for future co-parenting. Because mediation is private, it prevents sensitive family issues from being aired in open court. Financially, it is often far less expensive than trial preparation, which can involve multiple hearings, witnesses, and expert testimony. Most importantly, mediation tends to produce solutions that reflect the realities of the parents’ schedules, the child’s needs, and the family’s lifestyle, which courts might not fully understand in a formal hearing.

However, mediation is not suitable for all situations. If there is a history of family violence, coercion, or severe communication breakdowns, the court may determine that mediation would not be appropriate. In such cases, the judge can waive the requirement or order special accommodations such as separate meeting rooms or remote participation. Mediators are trained to identify power imbalances and ensure that both parents can negotiate on equal footing. When necessary, attorneys may attend mediation sessions to provide guidance and protect their client’s rights.

Even if mediation does not resolve all disputes, it can narrow the issues for trial. Partial agreements can be submitted to the court, allowing the judge to decide only the remaining contested matters. For example, parents might agree on visitation schedules but not on child support amounts. Resolving even part of the case through mediation shortens trial time and demonstrates good faith to the court. Judges generally view parents who engage constructively in mediation as more cooperative and child-focused.

Once mediation concludes, any agreements reached should be promptly reviewed by both parents and their attorneys to ensure clarity and accuracy. Ambiguities can lead to future disputes or enforcement challenges. After both parties approve the written MSA, it is filed with the court for final approval. Once signed by the judge, the agreement becomes part of the official court order and carries the same legal force as any other ruling. Noncompliance with the terms can lead to enforcement actions, including contempt proceedings.

Mediation and settlement represent one of the most important opportunities for parents to shape their child’s future without prolonged litigation. By approaching mediation with preparation, openness, and focus on the child’s well-being, parents can often avoid months of conflict and uncertainty. A well-drafted settlement agreement ensures that both sides understand their responsibilities and provides a clear roadmap for co-parenting. If successful, this step allows families to move forward with stability and cooperation, setting a positive foundation for long-term custody arrangements.

Step 8: Court Hearings

When parents cannot reach a full agreement through mediation, the case proceeds to court hearings where a judge determines the custody and visitation arrangements based on the evidence presented. Texas family courts conduct custody hearings under the principle of the child’s best interest, as defined in Section 153.002 of the Texas Family Code. These hearings can range from brief temporary hearings to extensive trials involving multiple witnesses and exhibits. The process allows both parents to present their perspectives, introduce evidence, and argue why their proposed custody arrangement best serves the child’s emotional, physical, and developmental needs.

A custody hearing typically begins with pretrial conferences or docket calls where the judge ensures that procedural requirements are met. The court confirms that both parents were properly served, temporary orders are in place, and required parenting classes or mediation sessions have been completed. Judges often encourage last-minute settlements before beginning testimony, as an agreed order generally saves time and reduces stress on all parties, especially the child. If no agreement is reached, the judge proceeds with an evidentiary hearing.

During the hearing, each parent has the opportunity to present their case through testimony, documents, and witness statements. The petitioner, who initiated the case, usually presents first. Testimony can include statements from parents, relatives, teachers, doctors, or other individuals familiar with the child’s circumstances. Evidence may include school records, medical reports, photographs, and written communications demonstrating parenting involvement or concerns. Judges place high value on credible, organized evidence that directly relates to the child’s welfare rather than personal grievances between the parents.

Both parties can be represented by attorneys, but parents may also appear pro se, meaning without legal counsel. While self-representation is permitted, custody hearings can be complex and emotionally charged. Each side must follow the Texas Rules of Evidence and court procedures, including making timely objections and offering exhibits correctly. Judges are patient with self-represented litigants but must remain neutral; they cannot give legal advice. Parents representing themselves should arrive well-prepared with organized documentation and clear explanations of their requests.

Temporary hearings focus on short-term solutions while the case is pending, while final hearings result in permanent custody orders. In temporary hearings, time is often limited, so each parent presents a summary of the most critical facts, such as living arrangements, caregiving history, and the child’s immediate needs. In contrast, final hearings or trials involve more extensive evidence, cross-examination, and sometimes expert testimony. Judges may also appoint professionals such as custody evaluators, guardians ad litem, or amicus attorneys to represent the child’s best interest. Their findings can carry significant weight in the judge’s final decision.

Courtroom decorum is important in custody hearings. Parents should dress professionally, arrive early, and remain respectful to court staff and the opposing party. Judges closely observe behavior and demeanor, as it reflects each parent’s ability to model maturity and stability for the child. Interruptions, hostility, or emotional outbursts can negatively affect credibility. Parents are encouraged to speak clearly, answer only the questions asked, and avoid making personal attacks. The focus should remain on the child’s well-being rather than marital or interpersonal disputes.

When determining conservatorship and possession, judges evaluate numerous factors. These include each parent’s caregiving history, emotional bond with the child, ability to provide stability, and willingness to encourage a positive relationship with the other parent. The court also considers the child’s preferences if the child is at least 12 years old and requests to meet privately with the judge. However, the judge’s decision is not solely based on the child’s wishes. Evidence of family violence, neglect, or substance abuse carries great weight and can limit or eliminate a parent’s access. Courts may impose supervised visitation or mandatory counseling when necessary to protect the child.

After both sides present their evidence, closing arguments allow each parent to summarize their case and explain why their proposed arrangement serves the child’s best interest. The judge may issue a ruling immediately from the bench or take the matter under advisement, meaning the decision will be announced later in writing. Some cases require multiple hearings or follow-up appearances if additional evidence is needed or if the court orders evaluations or reports before making a final ruling.

Court hearings are also where procedural and enforcement issues are addressed. A parent may file motions for contempt if temporary orders have been violated, motions to modify visitation, or motions for psychological evaluations. These hearings ensure ongoing compliance with court expectations while the broader case continues. Judges have discretion to issue sanctions or modify orders to protect the child’s welfare. Parents who demonstrate reliability, cooperation, and respect for the process often earn favorable consideration.

Custody hearings represent the most formal and decisive stage of the court process. They determine not only where the child will live but also how parental responsibilities will be shared in the years ahead. Preparation and professionalism are key to presenting a persuasive case. Parents should focus on concrete examples of how their proposed arrangement supports the child’s safety, stability, and emotional growth. Once the hearing concludes, the judge’s decision will lead to the issuance of final custody orders that both parties must follow. This makes the hearing stage one of the most consequential steps in the Texas custody and visitation process.

Step 9: Issuance of Final Orders

Once the court has heard all evidence and arguments in a custody case, it proceeds to issue final orders that formally define each parent’s rights, duties, and visitation schedule. This step marks the conclusion of the custody litigation process and transforms temporary arrangements into binding, long-term directives. The final order serves as the legal blueprint for how both parents will share responsibilities and interact regarding the child’s upbringing. It remains in effect until the child turns eighteen, graduates high school, or until a future court modifies it based on changed circumstances. Because of its long-term impact, precision and clarity in this stage are critical.

The final order is usually drafted by one of the attorneys or by the party directed by the judge. In cases where both parents are represented, the attorneys often collaborate to ensure the written document accurately reflects the court’s verbal rulings. The draft must include every material decision made by the court, including conservatorship designations, possession schedules, child support obligations, medical insurance responsibilities, and dispute resolution procedures. Once the draft is complete, it is submitted to the judge for review. The judge may request corrections or clarifications before signing the order, especially if there are inconsistencies or missing details.

For joint managing conservatorships, the final order clearly identifies which parent has the exclusive right to determine the child’s primary residence and whether any geographic restrictions apply. It also lists the specific rights and duties shared between both parents, such as medical decisions, educational enrollment, and extracurricular participation. If one parent has sole managing conservatorship, the order outlines that parent’s exclusive decision-making authority while specifying the other parent’s visitation rights or limitations. The order may include provisions for supervised visitation or conditions that must be met before access is expanded, such as completion of counseling or parenting classes.

The possession schedule within the final order typically follows either the Standard Possession Order (SPO) or a modified version tailored by the court. The schedule specifies the exact times and dates for visitation, holiday rotations, summer periods, and transportation responsibilities. Judges often emphasize the importance of consistency in exchanges to minimize confusion and conflict. The order may also establish rules about communication during possession periods, including the right to reasonable phone or video contact. Parents are expected to comply strictly with these terms, as violations can lead to enforcement actions or modifications in the future.

Financial provisions are a major component of the final custody order. The order includes detailed child support calculations based on the Texas Child Support Guidelines, typically setting payments as a percentage of the noncustodial parent’s net income. The order also specifies who must provide health insurance and how uninsured medical expenses will be divided, usually by percentage. These sections are highly standardized to ensure fairness and compliance with statutory requirements. If the case involved temporary financial arrangements, the final order supersedes those and becomes the controlling authority. Judges ensure that all financial obligations are stated clearly to prevent ambiguity or future disputes.

The final order also addresses enforcement and future dispute resolution mechanisms. Courts frequently include a clause requiring mediation before either parent files a motion to modify or enforce the order. This provision encourages parents to resolve disagreements collaboratively rather than through repeated litigation. However, if a parent violates a material term—such as denying visitation or failing to pay child support—the other parent may file a motion for enforcement. The final order provides the legal foundation for such actions, making compliance essential to avoid penalties or contempt findings.

If the court appointed a guardian ad litem, amicus attorney, or custody evaluator, their recommendations may be attached or incorporated by reference in the final order. These reports become part of the official record and may guide future courts in understanding the history of the case. Similarly, if psychological evaluations or parenting classes were required, proof of completion must be filed before the judge signs the final order. Parents who fail to meet court-ordered requirements risk delays in finalization or limitations on their visitation rights.

Once the judge reviews and signs the final order, it becomes effective immediately unless the court specifies a future date. Copies are provided to both parents or their attorneys. Each parent should retain multiple certified copies for schools, medical providers, and law enforcement if needed. Digital copies are also useful for quick reference. In some counties, final orders are electronically filed and accessible through the court’s online system. It is critical that both parents read the entire order carefully and understand every provision, as misunderstandings can lead to unintentional violations.

After the final order is entered, the case officially transitions from litigation to compliance and possible modification. Either parent can later request a modification if there is a significant and material change in circumstances—such as relocation, changes in employment, or evolving needs of the child. However, courts generally prefer stability, so modifications are only granted when justified by substantial evidence. If no major changes occur, the existing order governs until the child reaches adulthood. Parents who follow the order faithfully build a record of cooperation and reliability, which benefits them in any future court proceedings.

The issuance of final orders concludes the formal custody process but marks the beginning of long-term co-parenting governed by legal obligations. The order provides structure, accountability, and protection for both parents and children. Understanding and adhering to its terms ensures that disputes remain minimal and that the child continues to thrive in a stable and predictable environment. Once the order is signed and distributed, parents move into the next phase—maintaining compliance and, when necessary, seeking enforcement or modification under Texas law.

Step 10: Enforcement and Modification

Once a custody or visitation order is finalized, both parents are legally obligated to follow its terms. Enforcement and modification are the mechanisms by which courts ensure compliance and adapt orders when significant life changes occur. Texas courts take custody and visitation enforcement seriously because these orders directly affect a child’s stability and safety. When disputes arise—whether due to denied visitation, unpaid child support, or other violations—the parent seeking relief must follow formal procedures to request court intervention. Likewise, when circumstances change substantially, a parent may petition the court to modify the existing order rather than taking matters into their own hands.

Enforcement actions begin when one parent files a motion to enforce the existing court order. This motion identifies the specific provisions that were violated, such as missed visitation periods, interference with possession, or failure to pay child support. The parent filing the motion must attach evidence showing how the other parent failed to comply. This evidence may include text messages, emails, calendars, payment records, or witness statements. The court then sets a hearing date and notifies both parents. During the hearing, the judge reviews the evidence and determines whether a violation occurred. If proven, the court may issue remedies ranging from makeup visitation time to fines or even jail time in cases of willful disobedience.

For visitation enforcement, courts prioritize restoring the missed time with the child rather than punishing the parent immediately. The court may order compensatory possession, allowing the noncustodial parent to make up missed weekends or holidays. However, repeated or intentional violations can lead to contempt findings, resulting in fines or confinement. If a parent continues to disregard visitation orders, the court may modify the arrangement to better protect the child’s relationship with both parents. Texas judges emphasize that visitation interference harms not only the other parent but also the child’s emotional well-being. Consistent denial of access is one of the most common reasons for enforcement filings.

Enforcement also applies to child support and financial obligations. When a parent fails to make required payments, the other parent or the Texas Office of the Attorney General (OAG) may initiate enforcement proceedings. The court has several tools to ensure compliance, including wage withholding, property liens, interception of tax refunds, and suspension of licenses. In severe cases, the court may find the delinquent parent in contempt, imposing fines or incarceration until payment is made. The state maintains a strong policy of enforcing child support orders because the funds are essential for the child’s health, education, and overall stability.

Modification is a separate process that addresses legitimate changes in circumstances that make the current order impractical or no longer in the child’s best interest. Common reasons for seeking modification include relocation, changes in employment or income, remarriage, the child’s evolving needs, or one parent’s failure to comply with the existing order. To modify an order, a parent files a Petition to Modify the Parent-Child Relationship in the same court that issued the original order, unless the child has moved to another county for at least six months. The petitioner must demonstrate a “material and substantial change” in circumstances since the last order. Minor inconveniences or disagreements are not sufficient grounds for modification.

Modification hearings follow similar procedures to initial custody hearings. Both parents present evidence, and the court evaluates whether the proposed change serves the child’s best interest. For example, if one parent plans to move a significant distance away, the court must consider how the relocation will affect the child’s schooling, relationships, and access to the other parent. In some cases, the court may adjust visitation schedules or impose geographic restrictions to minimize disruption. When the modification request concerns child support, financial documents such as tax returns, pay stubs, and proof of expenses are required to recalculate payment amounts.

Courts prefer stability and consistency, so they do not grant modifications lightly. However, they recognize that children’s needs and family dynamics evolve. For instance, a child who was an infant during the original order may now be school-aged and require a different visitation schedule. Similarly, a parent who was previously unemployed may now have steady income, justifying an adjustment in child support. The parent seeking modification must prove that the requested change benefits the child more than maintaining the status quo.

Parents are strongly discouraged from making informal changes without court approval. Even if both parties agree verbally to a new schedule or payment amount, such agreements are not enforceable until they are approved by the court and signed by a judge. If a dispute arises later, the court will enforce only the last official order. Therefore, parents should always formalize any agreed-upon changes by submitting them to the court. This ensures legal protection and prevents future misunderstandings.

In enforcement and modification cases, courts also have discretion to order mediation. Mediation can help parents resolve disputes about scheduling or compliance without returning to full litigation. This approach preserves cooperation and reduces the emotional and financial costs of repeated court appearances. However, if one parent refuses to comply with court orders or acts in bad faith, direct judicial enforcement becomes necessary.

The enforcement and modification process underscores the ongoing nature of custody and visitation management in Texas. Court orders are not static—they are living documents meant to evolve as family circumstances change. Parents who respect the authority of the court and seek timely legal remedies demonstrate responsibility and commitment to their child’s best interests. Whether enforcing existing provisions or pursuing justified modifications, the key principle remains the same: the child’s stability, safety, and well-being always come first. This final step ensures that custody arrangements remain fair, functional, and aligned with the child’s needs over time.

Costs Associated

Filing fees for custody cases range from $250 to $350, with additional costs for mediation, attorney’s fees, or expert evaluations. If a custody case is part of a divorce, costs are consolidated but can increase if the case is contested.

Time Required

Custody and visitation cases may take several months to resolve, especially if contested. Temporary orders provide stability during the process, but final orders may not be issued until after trial or settlement.

Limitations

• Joint conservatorship does not guarantee equal parenting time.
• Visitation may be restricted if one parent poses a danger to the child.
• Courts have wide discretion, making outcomes sometimes unpredictable.

Risks and Unexpected Problems

• High-conflict custody disputes can cause emotional stress for children.
• Parents may face enforcement challenges if the other parent refuses visitation.
• Frequent modifications may be required as children grow and needs change.

Sources

• Texas Courts
• State Bar of Texas