How Texas Courts Decide Child Custody: Key Factors Every Parent Must Know
How Texas Courts Decide Child Custody: Key Factors Every Parent Must Know
By Carroll Troberman, PLLC
Last updated: November 2025 • Austin / Travis County
Worried a court will "pick a side"? In Texas, decisions start with the child's best interests and a clear set of factors. Here is how to show your story well.
Key takeaways
- Texas judges decide custody using the best interest of the child standard and often draw on the Holley factors to guide that analysis.
- Custody has two parts: conservatorship (decision making) and possession and access (the schedule). Time with children is set by possession orders, including the Standard Possession Order, modified schedules, under-3 orders, and supervised possession.
- Clear records and steady behavior matter most. Calendars, school and medical records, communications, and consistent co-parenting often carry more weight than accusations.
- Local practice in Austin and Travis County commonly involves temporary orders, mediation, and final orders if settlement fails.
- Early legal guidance helps you highlight strengths, avoid missteps, and propose a workable plan.
What a Texas custody order covers
Texas uses two types of orders in what most people call custody:
- Conservatorship controls rights and duties like education and medical decisions.
- Possession and access controls time. These schedules are written as possession orders. TexasLawHelp identifies four common types: Standard Possession Order, Modified Possession Order, Possession Order for a Child Under Three, and Supervised Possession Order. The Standard Possession Order is presumed best for children age three or older and outlines weekends, holidays, and summer time, with variations based on distance.
The best interest test and the Holley factors
Courts evaluate what arrangement serves the child's best interests. Texas judges often refer to the Holley factors, a well known list from Holley v. Adams, which many courts apply in custody matters to organize the best interest analysis.
What evidence should I start gathering?
Judges look for steady, credible proof of how each parent meets the child's needs. Start assembling the pieces that tell a consistent story and that can be verified.
- Calendar of caregiving: drop offs, activities, medical appointments.
- Records: report cards, attendance, pediatric and therapy notes, relevant CPS or police documents.
- Communication history: emails and texts that show cooperation and problem solving.
- Proposed parenting plan: a workable schedule that fits school, bedtime, and transitions.
- Support systems: childcare arrangements, extended family, or programs that help your child thrive.
What the custody process often looks like in Austin and Travis County
Most cases move through predictable stages even when the facts are unique. Use this timeline to anticipate what comes next and what to prepare for each step.
How our Austin child custody lawyers help
We offer steady guidance, translating complex legal factors into a clear, tailored plan. We meticulously organize evidence for a full and credible presentation, aiming for workable agreements while always being prepared for trial. Our compassionate counsel provides plain English explanations from your initial call to final orders.
Contact Carroll Troberman, PLLC for a free consultation.
Call (512) 478-3800 or request a custody consultation on our Contact page.
FAQ
What do Texas courts consider in custody cases?
Judges look at the child's best interests and often use the Holley factors to structure that analysis. These consider the child's wishes, needs now and in the future, any danger, each parent's abilities, programs that help, plans for the child, home stability, acts or omissions showing problems, and any excuses for those acts or omissions.
What is the difference between conservatorship and possession and access?
Conservatorship covers rights and duties like medical and education decisions. Possession and access is the schedule for each parent's time, set by possession orders such as the Standard Possession Order or a modified plan.
Is supervised possession permanent?
Not necessarily. It is a safety tool that courts can adjust if risks change and a parent shows sustained progress.
Can I change my existing order?
Yes. A parent can file to modify an existing possession order if legal standards are met. TexasLawHelp provides an overview and forms for modifications.
Educational information only. Not legal advice. Outcomes depend on facts and law.
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