Child custody (conservatorship) factors in Texas
Texas calls custody "conservatorship," and one standard controls it: "The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child." Tex. Fam. Code § 153.0021
- Parental presumptions — A parent must be named sole managing conservator, or both parents joint managing conservators, unless that would "significantly impair the child's physical health or emotional development." Joint managing conservatorship is presumed to be in the child's best interest, but a finding of family violence removes that presumption. Tex. Fam. Code § 153.1311
- Parent vs. nonparent (2025 amendment) — In a suit between a parent and a nonparent, the court presumes a parent acts in the child's best interest. A nonparent can overcome this only by clear and convincing evidence of significant impairment, and the order must state the specific supporting facts. Tex. Fam. Code § 153.0021
- Joint-conservatorship factors — Without an agreed parenting plan, the court weighs:
- the child's needs;
- whether the parents can put the child first and reach shared decisions;
- whether each parent will support the child's relationship with the other;
- each parent's pre-suit involvement in child rearing;
- how close the parents live to each other;
- the preference of a child aged 12 or older on primary residence;
- any other relevant factor. Tex. Fam. Code § 153.134(a)1
- Holley factors — Courts apply the non-exhaustive list in Holley: "(A) the desires of the child; (B) the emotional and physical needs of the child now and in the future; (C) the emotional and physical danger to the child…". It also covers parental abilities, available programs, plans for the child, stability of the home, and the parent's acts or omissions and any excuse for them. Holley adds: "This listing is by no means exhaustive." Holley v. Adams, 544 S.W.2d 367 (Tex. 1976)2
- Family violence and abuse — The court must consider abusive physical force or sexual abuse within two years before the suit or while it is pending. It may not appoint joint managing conservators on credible evidence of a history or pattern of child neglect or abuse. Tex. Fam. Code § 153.0041
- Child interviews — On application in a nonjury trial or hearing, the court "shall interview in chambers a child 12 years of age or older." Interviewing the child does not diminish the court's discretion. Tex. Fam. Code § 153.0091
Practice notes
- In a jury trial, the court may not interview the child on any issue the jury decides. Tex. Fam. Code § 153.0091