Child Custody Laws in Texas

Clients often ask if they can get sole custody of their children. These days, joint custody is preferred by the Texas family courts. Sole managing conservatorship, the technical term for sole custody, is still permitted but it is rare for a parent to be named sole conservator.

In order to get sole custody, the court would have to find the appointment of the parents as joint conservators would be bad, that it would significantly impair the child’s physical health or emotional development, or that there had been family violence or domestic abuse.

So what does joint custody mean? Well, it doesn’t mean that everything is even- steven, 50/50. What it does mean is that both of the parents will share in the rights and duties of raising their children.

Clients are often surprised to learn that with joint custody there is still a primary parent and the other parent gets visitation and pays child support. In fact, the presumed visitation is the same in a joint custody situation as it is in a sole conservatorship. The presumed amount of child support under the guidelines is also just the same.

Cindy Diggs is the attorney-in-charge of the Houston office of Holmes, Diggs & Eames. She has practiced law for over 25 years, and is Board Certified in Family Law and Civil Trial Law by the Texas Board of Legal Specialization.