How Divorce and Custody Intersect
In Texas, custody is addressed through the conservatorship statutes (Texas Family Code Chapter 153). When divorce involves children, the divorce decree must include — either as an agreed parenting plan or as court-ordered terms — provisions governing managing conservatorship (decision-making authority), possessory conservatorship (physical time with the children), a standard or modified possession order, and child support. None of these issues can be left unresolved for the divorce to be finalized.
Custody Is Separate from Divorce
Divorce and custody are legally distinct, though they proceed in the same case. Custody orders can be modified after divorce even if property division cannot. The long-term implications of custody arrangements often outlast every other issue in the case.
Temporary Orders for Children
One of the first priorities in a divorce involving children is securing appropriate temporary orders. These are court orders that govern the children's living arrangements, school enrollment, medical decisions, and child support during the pendency of the divorce — which can last many months.
Why Temporary Orders Matter
Temporary orders establish the day-to-day reality of your children's lives during a period when emotions run high and both parents are under significant stress. They also create patterns that can influence final negotiations — if a particular possession schedule (Texas Family Code § 153.312) works well during the pendency, there is often less pressure to change it in the final decree. Getting temporary orders right from the start protects both you and your children.
Temporary Child Support
Temporary child support is typically calculated using the Texas child support guidelines (Texas Family Code §154.125), which set support as a percentage of the obligor's net resources: 20% for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more. The court may deviate from guidelines based on the circumstances. Temporary support continues until the final decree establishes permanent child support.
Conservatorship: Understanding Your Rights
Texas uses the term "conservatorship" rather than "custody." There are two types of conservatorship:
Managing Conservatorship
Managing conservatorship involves the rights and duties to make decisions about the children — education, healthcare, religious upbringing, and extracurricular activities. Joint Managing Conservatorship (JMC) is the presumed arrangement in Texas (Texas Family Code §153.131), meaning both parents share decision-making rights. Sole Managing Conservatorship (SMC) is reserved for situations where joint managing conservatorship would not be in the child's best interest — typically involving a history of family violence, neglect, or significant parental conflict.
Possession and Access
Possession and access — often called "physical custody" in other states — determines who has the children and when. Texas law provides a Standard Possession Order (SPO) as a presumptive schedule for parents who live within 50 miles of each other. The SPO provides the non-primary parent with alternating weekends, Thursday evenings during school, alternating holidays, and extended summer time. Parents can modify the SPO by agreement or, in contested cases, argue for a modified schedule based on the children's best interest.
Parenting Plans
A parenting plan is the detailed agreement (or court-ordered terms) governing how the parents will co-parent after divorce. A comprehensive parenting plan addresses:
- Primary residence and the school of enrollment
- The possession schedule for regular school-year time
- Holiday and spring break possession
- Summer schedule
- How geographic moves will be handled (Texas Family Code Chapter 153 addresses relocation)
- Decision-making protocol for medical and educational decisions
- Communication between parents
- Right of first refusal (whether one parent has priority over third-party childcare)
Specificity Protects Everyone
Vague parenting plans produce ongoing conflict. The more specifically the plan addresses foreseeable situations — holidays, school-year logistics, communication protocols — the less likely future disputes become.
Child Support During and After Divorce
Child support is calculated based on the net resources of the paying parent under Texas Family Code §154.125. Net resources include wages, self-employment income, rental income, and most other sources of income, minus specified deductions. The guideline percentages are: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more, and not less than 40% for six or more. Courts may deviate from guidelines in specific circumstances.
In addition to periodic support, Texas courts typically address health insurance (which parent carries it and how out-of-pocket expenses are split) and may address school-related expenses, childcare costs, and extraordinary educational or medical expenses. For detailed child support information, visit our resource at childsupport.yourfamilylawyer.net.
Working Toward a Parenting Agreement
In most cases, parents can reach an agreed parenting plan without a judge deciding the possession schedule. Mediation is an effective tool for parenting disputes — a neutral mediator can help parents reach workable arrangements that neither rigid statute nor adversarial litigation would produce. We prepare carefully for parenting mediation to help you identify what matters most and reach agreements that reflect your children's actual needs.
For comprehensive custody information — including modification, relocation, enforcement, and grandparent rights — see our partner resource at custody.yourfamilylawyer.net.
Frequently Asked Questions
Texas courts do not automatically award primary custody to either parent. The decision is based on the best interest of the child standard (Texas Family Code §153.002). Courts consider which parent has been the primary caregiver, each parent's living situation, the children's relationship with each parent, and — for older children — the child's preference. Joint possession arrangements are common; one parent typically has primary residence for school enrollment purposes.
A child who is 12 or older can express a preference to the court, and the court is required to interview the child in chambers if requested (Texas Family Code §153.009). However, the court is not required to follow the child's preference — it remains advisory. Younger children's preferences may be considered based on maturity.
Relocation is one of the most complex areas of Texas family law. Divorce decrees and custody orders typically include geographic restrictions limiting where the primary parent can move with the children. Moving outside the restricted area without the other parent's consent or a court order can result in serious legal consequences. If you are considering relocation, discuss it with an attorney before taking action.
A history of family violence is a significant factor in Texas custody determinations. Under Texas Family Code §153.004, courts must consider credible evidence of family violence in determining conservatorship and possession. A finding of family violence creates a rebuttable presumption that the offending parent should not be appointed sole or joint managing conservator.
Serving Collin County
Landers Family Law serves clients throughout Collin County and the surrounding communities of North Texas. Our McKinney office is centrally located for clients in McKinney, Frisco, Plano, Allen, Prosper, Celina, and the surrounding areas.