Custody And Parenting Time
Fam. Code 153.002 — best interest, and a presumption of joint conservators
In Texas the best interest of the child is always the primary consideration in deciding conservatorship, which is what the Family Code calls custody, and possession of and access to the child. The court considers the parties' qualifications without regard to their marital status or to the sex of the party or the child.
Parents are presumed to be appointed joint managing conservators. Unless the court finds that appointing a parent would significantly impair the child's physical health or emotional development, a parent is appointed sole managing conservator or both parents joint managing conservators, and it is a rebuttable presumption that joint managing conservatorship is in the child's best interest. A finding of a history of family violence involving the parents removes that presumption.
Between a parent and a nonparent, such as a grandparent, the law presumes that a parent acts in the child's best interest and that the child is best in a parent's care. A nonparent overcomes that only by clear and convincing evidence that denying the request would significantly impair the child's physical health or emotional development, and the order has to state the specific facts.
In a nonjury trial or hearing, on a party's application, the court interviews in chambers a child 12 or older, and may interview a younger child, about the child's wishes on conservatorship or primary residence, with a record made for a child 12 or older. The interview does not diminish the court's discretion.
Sources for this section (4)
- Fam. Code 153.002 — Best interest of child
- Fam. Code 153.131 — Presumption that parent to be appointed managing conservator
- Fam. Code 153.003 — No discrimination based on sex or marital status
- Fam. Code 153.009 — Interview of child in chambers
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.