Katy Child Custody Attorney

How Texas Defines Child Custody

Texas law doesn’t use the terms “custody” and “visitation” the way most people expect. Instead, the law divides parental rights into two separate concepts: conservatorship and possession and access.

Conservatorship refers to a parent’s legal authority to make decisions about the child’s upbringing, including education, healthcare, and primary residence. Possession and access describes the actual time each parent spends with the child. These are governed separately, which means a parent can share decision-making authority while having a different amount of physical time with the child than the other parent.

Joint managing conservatorship is the most common arrangement Texas courts award. It means both parents share decision-making authority, but it doesn’t automatically mean equal possession time. Sole managing conservatorship may be appropriate when documented safety concerns, family violence, or substance abuse issues are present.

How Texas Courts Determine Child Custody in Katy

Every custody determination in Texas is governed by the best interest of the child standard. Courts evaluate this through a defined set of considerations known as the Holley factors, which include the child’s own preferences if they’re of sufficient age, each parent’s ability to meet the child’s emotional and physical needs, any history of danger to the child’s well-being, parenting abilities, and the stability of each proposed home environment.

No single factor controls the outcome. The court weighs each one against the specific circumstances of the case, which is why how you present your situation matters as much as the facts themselves. A custody proceeding in Texas is formally initiated through a Suit Affecting the Parent-Child Relationship (SAPCR), the legal vehicle used whether parents were married or not.

What Is the Most Common Child Custody Arrangement in Texas?

Joint managing conservatorship is the default presumption in Texas because courts recognize that children generally benefit from ongoing relationships with both parents. Shared decision-making authority is the norm. Possession schedules, on the other hand, are set separately and vary based on the child’s age, each parent’s availability, and the family’s specific circumstances.

Possession Schedules: SPO, E-SPO, & Custom Plans

For children ages 3 and older, Texas courts apply one of two default frameworks. The Standard Possession Order (SPO) establishes regular weekend possession for the non-primary parent, Thursday evening visits during the school year, defined holiday schedules, and extended summer time. The Expanded Standard Possession Order (E-SPO) uses school-based transitions rather than fixed clock times, adding meaningful mid-week and weekend time for the non-primary parent.

Children under age 3 are typically placed on a modified schedule suited to their developmental stage. Parents who agree on a different arrangement can present a customized parenting plan to the court. Once the judge finds that plan serves the child’s best interests, it becomes a binding court order.

Modifying a Custody Order in Katy

Custody orders don’t have to be permanent. Texas courts allow modification when there has been a material and substantial change in circumstances since the original order was entered. Common grounds include a parent’s relocation, significant changes in employment or living situation, the child’s evolving needs as they grow older, or new safety concerns that weren’t present at the time of the original proceeding.

A modification petition is filed in the same court that issued the original order, which retains continuing exclusive jurisdiction over the case. The court evaluates modification requests under the same best-interest standard used initially. At Barker Law Firm PC, we handle modification matters with the same negotiation-first approach we bring to initial custody cases. When parents can reach a modified agreement through mediation, the process is often faster and less disruptive for the child.

Talk to a Katy Child Custody Attorney About Your Case

Attorney Georgia Barker has worked with parents across the Katy area for more than 30 years. When you contact Barker Law Firm PC, you work directly with her and our experienced legal team. We take the time to understand your situation fully before discussing a path forward.

Call (713) 597-3911 or contact us online to schedule a consultation.

Frequently Asked Questions

What Are the Types of Child Custody Arrangements in Katy, TX?

Texas uses conservatorship and possession and access rather than the traditional custody and visitation labels. Conservatorship covers legal decision-making authority, which may be joint or sole. Possession and access governs parenting time, set separately by the court. Joint managing conservatorship is the most common arrangement, though possession schedules vary based on each family’s circumstances and the child’s best interests.

How Does a Judge Decide Child Custody in Katy?

Texas judges apply the best interest of the child standard, evaluating the Holley factors: the child’s emotional and physical needs, each parent’s ability to meet those needs, the child’s relationship with each parent, any history of abuse, neglect, or substance misuse, and the stability of each proposed home. No single consideration controls the outcome.

Can Child Custody Agreements Be Modified?

Yes. A Texas court may modify an existing custody order when there has been a material and substantial change in circumstances affecting the child’s welfare. Common reasons include a parent’s relocation, a significant shift in a parent’s ability to care for the child, or new safety concerns. A formal modification petition is required. Learn more about custody modifications.