Child Custody Laws in Texas

Texas uses the terms "conservatorship" and "possession and access." The best interest of the child is always the primary consideration. There is a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest; a history of family violence between the parents removes that presumption. In a nonjury trial or hearing, on a party's request, the judge must interview a child 12 or older in chambers (and may interview a younger child) about the child's wishes on conservatorship or primary residence.

While a custody (conservatorship) case is pending, the court may make temporary orders for the safety and welfare of the child, including temporary conservatorship and temporary support. Temporary conservatorship and support orders generally require notice and a hearing; the statute allows a conservatorship order without notice and an adversary hearing only for an emergency order sought by a governmental entity under the child-protection chapter (Chapter 262). Temporary restraining orders, such as orders keeping a party from disturbing the peace of the child or removing the child from an area, can be issued without a verified pleading, but an order attaching the child, taking the child into the court's possession, or excluding a parent from possession of or access to the child requires a verified pleading or affidavit. Temporary orders cannot be appealed before the final order, and violating them can be punished as contempt.

There is no statewide requirement for all divorcing parents. In a case involving children, the court may order the parents to attend a parent education and family stabilization course (4 to 12 hours) if it is in the child's best interest, and parents may not be required to attend together. The court may also refer a divorce to mediation, on the parties' agreement or on its own motion.