In Texas, what most people call “custody” is legally called “conservatorship,” and the parenting schedule is “possession and access.” Texas courts start from a rebuttable presumption that both parents should be named Joint Managing Conservators, and the statutory default schedule is the Standard Possession Order (SPO) — not an automatic 50/50 split. This guide walks through how Texas structures conservatorship, how the SPO works, how child support is calculated, and how moving is handled.
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Texas doesn’t use the words “custody” and “visitation.” Legal and physical decision-making is framed as “conservatorship” — parents are usually named Joint Managing Conservators (JMC), and less often one is a Sole Managing Conservator with the other a Possessory Conservator. The time a child spends with each parent is “possession and access.”
The Standard Possession Order is the statutory default. Under it, the parent with less time typically has the child on the first, third, and fifth weekends of each month plus a weeknight during the school year, with an extended block in the summer. The receiving parent usually does the pickup, and the default surrender time is 6 p.m. (or school dismissal on the expanded election). Parents can agree to something different — including 50/50 — but the SPO is what the court falls back on.
A rebuttable presumption that both parents are named Joint Managing Conservators.
Tex. Fam. Code § 153.131None. The Standard Possession Order is the statutory default schedule, not a 50/50 split.
Tex. Fam. Code §§ 153.252, 153.3101One Joint Managing Conservator usually holds the exclusive right to designate the child’s primary residence, often restricted to a named county and its contiguous counties.
Tex. Fam. Code § 153.134A percentage of the obligor’s net resources — 20% for one child, plus 5% for each additional child, up to the periodically-adjusted statutory cap.
Tex. Fam. Code §§ 154.125, 154.129The judge signs the final order. A mediated settlement agreement (MSA) signed by both parties and their attorneys is binding.
Tex. Fam. Code § 153.0071The parenting schedule is the foundation of any custody arrangement. Explore the common rotations and build your calendar with Kidtime’s free wizard.
Compare 50/50, 60/40, 70/30 and 80/20 rotations and build the calendar before you commit.
The rotation closest to the Standard Possession Order — how it works week to week.
A common majority-time split when one parent has most of the school-week overnights.
No. Texas’s statutory default is the Standard Possession Order, which gives one parent the majority of the overnights. Parents are free to agree to an equal (50/50) schedule, and courts will approve one if it’s in the child’s best interest — but 50/50 is not what the law presumes.
It’s the schedule Texas law applies by default: the parent with less time generally has the child on the first, third, and fifth weekends, a weeknight during the school year, alternating holidays, and an extended summer block. An “expanded” version adds Thursday-to-Monday weekend time when the parents live close enough.
The parent who holds the exclusive right to set the child’s primary residence is usually confined to a specific area — for example, “Travis County and contiguous counties.” It keeps both parents within reach of the child and ties school enrollment to that zone. It’s one of the most-negotiated pieces of a Texas order.
Texas uses a percentage of the paying parent’s net resources: 20% for one child, 25% for two, 30% for three, and so on, up to the statutory net-resources cap. Unlike income-shares states, the other parent’s income and the exact overnight split don’t change the base percentage.
This page is general information, not legal advice, and family law changes. For the controlling text, see Texas Family Code, Title 5, and consult a licensed Texas family-law attorney about your situation. Last reviewed 2026-07-27.
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