Child Custody

Texas custody laws are made in the best interests of the child, as determined by a judge in the family court. There are a variety of custody options, including:

• Sole custody
  One parent has primary custody and makes all decisions for the child's upbringing.
• Joint custody
  Both parents share decision-making authority, even though the child primarily lives with one parent.
• Shared custody
  Both parents have legal custody, and the child spends at least 35% of the year in each home.
• Split custody
  If there are multiple children, each parent may be given full custody of one or more children.
• Joint managing conservatorship
  Each parent has a say in the child's legal decisions, even though the child primarily lives with one parent. 

Here are some other things to know about custody rights in Texas:

• Unmarried parents
  The mother usually has automatic legal and physical custody of the child, even if the parents are together. The father does not automatically have parental rights.
• Visitation
  Fathers are usually granted visitation rights, even if they don't have joint custody.
• Child's preference
  Children aged 12 and older can express their preference to the court, but the judge makes the final decision.
• Paternity
  Paternity must be established for a man to have legal parental rights. Paternity can be established voluntarily, through a court order, or by never denying presumed fatherhood. 

To find additional resources regarding child custody issues, call, text, or chat the Texas Parent Helpline to talk things out and get resources.