Child Custody & Visitation

Custody in Texas: Conservatorship and Possession

Texas does not use the term "custody" in its family code. Instead, the law refers to conservatorship (decision-making authority) and possession and access (the schedule of time each parent spends with the child). Understanding this distinction matters because it shapes how your case is argued and what the final orders will look like. Natalie Fowler represents parents in Georgetown, Williamson County, Travis County, and throughout Central Texas in all types of custody matters.

Joint Managing Conservatorship vs. Sole Managing Conservatorship

In most Texas cases, courts appoint both parents as joint managing conservators. This does not necessarily mean equal time with the child. It means both parents share certain rights and duties, though one parent is typically given the exclusive right to determine the child's primary residence. The other parent receives a possession schedule and retains rights to be involved in major decisions about the child's education, medical care, and other important matters.

Sole managing conservatorship is less common and is usually reserved for situations involving family violence, substance abuse, neglect, or other circumstances where joint decision-making would not serve the child's best interest. If you are seeking sole conservatorship or defending against such a request, the stakes are high and the evidence must be strong.

The Standard Possession Order

Texas law provides a default possession schedule known as the Standard Possession Order (SPO). For parents who live within 100 miles of each other, the SPO typically gives the non-primary parent the first, third, and fifth weekends of each month, a Thursday evening visit, alternating holidays, and extended summer possession. The expanded standard possession order adds additional Thursday overnight time.

The SPO is a starting point, not the final word. Parents can agree to a different schedule that better fits their family, and courts can modify the SPO when circumstances warrant it. Natalie works with clients to craft parenting plans that reflect the reality of their schedules, their children's needs, and the distance between homes.

Factors the Court Considers

When parents cannot agree on custody and possession, the court will make decisions based on the best interest of the child. Texas courts look at a range of factors, including:

• The physical and emotional needs of the child now and in the future
• Each parent's ability to provide a stable, safe environment
• The child's wishes, if the child is 12 or older
• Each parent's willingness to foster a positive relationship between the child and the other parent
• Any history of family violence or substance abuse
• The existing relationship between the child and each parent
• The proximity of the parents' residences

Relocation Cases

When the parent with the right to designate the child's primary residence wants to move -- whether across the state or out of Texas -- it can upend an existing possession schedule and trigger a modification suit. If your current orders include a geographic restriction and you need to relocate, or if the other parent is attempting to move with your child, you need an attorney who understands how Texas courts evaluate these requests.

Modifications and Enforcement

Custody orders are not permanent. When circumstances change materially and substantially -- a new job, a remarriage, a change in the child's needs, or the other parent's failure to follow the order -- you may have grounds to seek a modification. Similarly, if the other parent is ignoring the court's orders, enforcement actions including contempt of court can hold them accountable.

Protecting Your Relationship With Your Child

Custody disputes are among the most emotionally difficult legal matters a parent can face. Natalie Fowler understands what is at stake and will work with you to build a case focused on your child's wellbeing and your rights as a parent. Whether you need to establish initial orders, negotiate a parenting plan, or take an existing dispute to trial, she is ready to help.

Call Fowler Legal PLLC at 512-765-5811 to discuss your custody matter.