Divorce is never easy, but when children are involved, everything feels even more complicated. If you’re facing a divorce in Austin, Texas, you might be wondering how custody will be decided, whether you’ll get full custody or have to share, and what your rights are as a parent. These are big questions, and the answers aren’t always straightforward.
Texas courts prioritize the best interest of the child when making custody decisions. That sounds simple enough, but what does it actually mean for you? Let’s break it down.
How Child Custody Works in Texas
First, Texas doesn’t technically use the term custody—instead, the law refers to it as conservatorship. In plain terms, this just means who makes the important decisions about the child’s life, like education, healthcare, and religion.
There are two main types of conservatorship:
- Joint Managing Conservatorship (JMC) – Both parents share decision-making responsibilities.
- Sole Managing Conservatorship (SMC) – One parent has the majority of decision-making power.
Most of the time, Texas courts prefer joint custody, meaning both parents will have a say in raising the child. However, if one parent has a history of abuse, neglect, or serious instability, the court may award sole custody to the other parent.
This is where things get tricky. Are you prepared to share major decisions with your ex? If you’re aiming for sole custody, do you have clear reasons why it would be in your child’s best interest? These are the kinds of questions a judge will consider.
Who Gets Primary Custody?
In most cases, even when both parents have joint conservatorship, one parent will be the primary conservator—the one the child lives with most of the time. The other parent will have visitation rights, often following a Standard Possession Order set by Texas law.
This standard schedule typically includes weekends, certain holidays, and extended time during the summer. But custody isn’t just about schedules—it’s about creating stability for your child. Will they stay in the same school? Will they have consistency in their routine? The court looks at these factors closely.
If you and your ex are already struggling to agree on schedules or parenting responsibilities, how will you handle making long-term decisions together? If compromise isn’t an option, preparing a strong case for primary custody is essential.
What Factors Do Texas Courts Consider in Custody Cases?
Texas law is clear: the child’s best interest is the top priority. But how does a judge determine that?
Several things come into play:
- The child’s emotional and physical needs.
- Each parent’s ability to provide a stable home.
- The relationship between the child and each parent.
- The child’s preference, if they are 12 or older.
- Any history of family violence or substance abuse.
Notice that the court isn’t looking at who’s the “better” parent, but rather what’s best for the child overall. If you’re in the middle of a divorce, it’s worth taking a hard look at how your lifestyle, work schedule, and parenting habits measure up.
What If You and Your Ex Can’t Agree?
In an ideal world, both parents would come up with a fair Parenting Plan on their own, outlining who makes decisions, where the child lives, and how visitation works. If you and your ex can agree, the judge will usually approve it.
But what if you don’t see eye to eye? This is where mediation or even a full custody trial may come into play. Mediation allows both parents to negotiate with the help of a neutral third party, often leading to a compromise without a courtroom battle. If mediation fails, a judge will step in and decide for you.
Would you rather create a plan that works for your family, or leave everything in the hands of a judge? If the latter happens, you may not like the outcome.
How Does Child Support Work?
Custody and child support go hand in hand. In most cases, the parent who has the child less often (the non-custodial parent) will be required to pay child support. The amount is based on income, with Texas law generally setting payments as a percentage of net income:
- 20% for one child
- 25% for two children
- 30% for three children
However, this isn’t set in stone. The court may adjust payments based on additional expenses, such as medical costs or educational needs.
Are you the one who will be receiving support, or the one expected to pay? Either way, understanding how child support is calculated can help you plan financially for life after divorce.
Can Custody Arrangements Be Changed?
What if your situation changes after your divorce is finalized? Maybe your ex moves to another city, or your work schedule shifts, making the current custody arrangement unworkable. In Texas, you can request a modification of custody, but you need to show a significant change in circumstances.
Reasons for modifying custody might include:
- A parent relocating out of Austin or to another state.
- A change in a parent’s job that affects their ability to care for the child.
- Concerns about the child’s safety or well-being.
If you’re unhappy with your current custody arrangement, do you have a valid reason to request a change? A family law attorney can help you figure out if you have a case.
Final Thoughts: Protecting Your Parental Rights in Austin, Texas
Child custody battles are stressful, but understanding how Texas courts handle them can help you prepare. Whether you’re aiming for primary custody, figuring out visitation schedules, or negotiating child support, it’s crucial to put your child’s best interests first.
Think about your situation:
- Are you prepared to work with your ex on a parenting plan, or is conflict unavoidable?
- Do you have a stable living environment that supports your child’s well-being?
- If you’re seeking sole custody, do you have strong evidence to support your case?
At Sandoval Family Law, we help parents in Austin, Texas, navigate the complexities of child custody and divorce. Whether you need legal guidance, help modifying a custody order, or representation in court, we’re here to protect your rights and fight for your family’s best outcome.
Need help with your custody case? Contact us today for a consultation.
