Texas Child Custody: Laws, Modifications, and FAQs

1. How is child custody decided in Texas?

Few things matter more than protecting your relationship with your child. In Texas, custody—called conservatorship—is determined based on what’s in the best interests of the child. Judges typically prefer to keep both parents involved, recognizing the value of maintaining strong emotional ties. However, factors like stability, safety, and the quality of each parent’s relationship with the child can significantly impact the outcome. Our mission is to guide you through this process with care and expertise, ensuring that your parental rights are protected and your child’s future remains secure.

2. What are the different types of child custody in Texas?

Every family is unique, and custody arrangements should reflect that. Texas recognizes two types of custody:

• Joint Managing Conservatorship (JMC) – Where both parents share decision-making responsibilities for important aspects of the child’s life, including education, healthcare, and general welfare.

• Sole Managing Conservatorship (SMC) – Where one parent is granted the authority to make major decisions, often when the other parent is unfit or poses a danger to the child.

Even in joint custody arrangements, one parent may have the exclusive right to determine the child’s primary residence. Our firm crafts personalized custody plans that protect your parental rights and prioritize your child’s emotional and developmental needs.

3. Can a child decide which parent to live with in Texas?

As children grow, their opinions matter more—but the court still has the final say. In Texas, if a child is 12 or older, they can express a preference about which parent they would like to live with. However, the judge considers many factors beyond the child’s wishes, including stability, schooling, and the overall impact on the child’s well-being. We work closely with families to ensure that the court understands your child’s perspective while pursuing an arrangement that serves their best interests.

4. How does child support work in Texas custody cases?

Providing for your child’s future is a shared responsibility. In Texas, child support is typically paid by the non-custodial parent and calculated as a percentage of their net income:

• One child: 20% of net income
• Two children: 25% of net income
• Three children: 30% of net income
• Four or more children: Higher percentages apply

In special circumstances—such as medical needs or unique financial situations—these amounts can be adjusted. We ensure that child support is calculated fairly, reflecting both the child’s needs and the realities of your financial situation.

5. Can a custody order be changed in Texas?

Life doesn’t stay the same—neither should your custody arrangement. If there’s been a significant change in circumstances, such as:

• A parent moving out of state
• One parent becoming unfit due to substance abuse or criminal activity
• A change in the child’s needs
• The child (12 or older) requesting a change

You may be able to modify your custody order. We help families navigate these transitions, ensuring that any modifications serve the child’s best interests while maintaining stability and continuity.

6. Can I travel to another state with my child without the other parent’s permission?

Thinking of traveling out of state with your child? Many custody agreements require consent from the other parent or advance notice before taking the child across state lines, especially if the trip interferes with the other parent’s visitation schedule. If a parent takes the child out of state without permission or refuses to return the child when required, it may be considered parental kidnapping or a violation of the custody order. Our firm works with parents to ensure travel plans align with custody agreements and takes swift action when those agreements are violated.

7. What happens if one parent lives in Texas and the other lives in a different state?

When parents live in different states, custody can get complicated—but the law provides a clear framework. Interstate custody cases are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines which state has jurisdiction. Courts consider:

• Where the child has lived for the past six months (the child’s “home state”)
• Whether one state has stronger ties to the child and family
• Which state can best serve the child’s needs

We help parents navigate these interstate custody issues, ensuring that jurisdiction is established properly while protecting your parental rights.

8. What happens if one parent lives in Texas and the other lives in a foreign country?

When borders separate parents, custody issues become even more complex. International custody cases are often governed by the Hague Convention on International Child Abduction, which aims to return children who have been wrongfully removed or retained in another country. However, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may also apply, and in some cases, both laws can be relevant. Courts evaluate:

• Where the child’s habitual residence is
• Whether returning the child would cause harm
• The potential impact on the child’s emotional and physical stability

Our firm has extensive experience navigating the intersection of U.S. and international law in custody disputes, ensuring that these high-stakes cases are handled with urgency and precision to protect your child’s best interests.

9. What should I do if my spouse takes my child to another country without permission?

If your child is taken abroad without your consent, time is of the essence. Under the Hague Convention, you can petition for the child’s return if:

• The child was wrongfully taken to or retained in another country
• The child’s habitual residence was in Texas before the removal

We act swiftly in these cases, working with international authorities to bring your child home and restore parental rights as quickly as possible.

10. Can I move to another country with my child after divorce?

Relocating internationally with your child after divorce can open new opportunities but also presents legal challenges. If the other parent objects to the move, court approval is required. Texas courts consider:

• Whether the move serves the child’s best interests
• How the relocation will impact the child’s relationship with the non-moving parent
• Whether a realistic plan can be established for international visitation and ongoing communication

When international relocation is necessary, we provide legal strategies that balance the opportunity for a fresh start while preserving the child’s meaningful connection to both parents.

11. What should I consider when creating an international custody agreement?

When parents live in different countries, custody agreements must be carefully structured to avoid misunderstandings and protect the child’s stability. Courts may require comprehensive parenting plans that address:

• Travel logistics and international visitation schedules
• Communication methods to maintain regular contact
• Dispute resolution processes for conflicts that arise across jurisdictions

We help families create thoughtful, enforceable agreements that safeguard parental rights and promote the child’s well-being, regardless of international borders.

12. What happens if my ex refuses to comply with an international custody agreement?

When one parent refuses to comply with an international custody agreement, enforcement can be complicated—but not impossible. The Hague Convention provides a legal framework for resolving these disputes, but the success of enforcement depends on the country involved. We take decisive legal action to protect your parental rights and ensure that international agreements designed to safeguard your child’s stability are upheld.

13. How much does a custody case cost?

Cost is often a major concern when considering a custody case. While every case is unique, the cost typically depends on factors such as:

• Whether the case is uncontested or highly contested
• The complexity of issues, such as interstate or international custody disputes
• The need for expert witnesses, psychological evaluations, or custody studies

We believe in transparency and fairness when it comes to legal fees. Our firm works closely with clients to develop cost-effective strategies that protect their parental rights while keeping their child’s best interests at the forefront. During your consultation, we’ll provide a clearer estimate based on the specific details of your case.