Texas law does not use the word custody in the way most people expect. Instead, the state starts every case involving parents and children from a specific legal presumption that shapes how decisions get made from day one.
The Presumption Texas Courts Apply
Under Texas Family Code Section 153.131, Texas courts presume that appointing both parents as joint managing conservators is in a child’s best interest. This presumption relates specifically to shared legal decision making authority, not automatically to an equal physical time split between parents.
What Joint Managing Conservatorship Actually Means
Joint managing conservatorship generally means both parents retain rights and duties regarding the child, though those rights can be divided in different ways. One parent might have the exclusive right to decide the child’s primary residence, while both parents share input on decisions like education, healthcare, or religious upbringing.
How This Presumption Can Be Overcome
The presumption can be rebutted with evidence showing that joint conservatorship would not serve the child’s best interest, including a history of family violence. Gray Becker, P.C. treats this rebuttal evidence as a priority to gather early whenever it is relevant to a case. When family violence has occurred, Texas law creates a different presumption altogether, weighing against appointing the violent parent as a joint managing conservator.
Possession And Access Is A Separate Question
Even where joint managing conservatorship applies, the court still separately determines a possession and access schedule, meaning the actual time each parent spends with the child. Texas has a Standard Possession Order that serves as a common starting point, though parents and courts can agree to a different schedule that better fits a specific family’s circumstances.
What The Standard Possession Order Generally Provides
The Standard Possession Order typically gives the non-primary parent possession on the first, third, and fifth weekends of the month, a Thursday evening period during the school year, extended time in the summer, and alternating holidays. Courts can expand or restrict this schedule based on the facts of a particular case.
Factors Courts Weigh Beyond The Presumption
When deciding what actually serves a child’s best interest, Texas courts commonly consider several factors:
- The child’s physical and emotional needs, both now and in the future
- Each parent’s ability to meet those needs and cooperate with the other parent
- Any history of family violence, abuse, or neglect
- The child’s own wishes, where appropriate given the child’s age
Applying This Framework To An Austin Custody Case
Because the joint managing conservatorship presumption sets the default outcome unless specific evidence overcomes it, understanding what facts actually rebut that presumption matters early in a case. An Austin child custody lawyer can evaluate whether the facts of a specific situation are likely to support or overcome this starting point.
Negotiating A Possession Schedule Beyond The Standard Order
Because the Standard Possession Order does not fit every family’s schedule or circumstances, many parents negotiate a customized arrangement instead. An Austin child custody lawyer can help build a possession schedule that reflects a family’s actual routine rather than defaulting to the standard template.
Starting from the correct legal framework, rather than assuming a joint arrangement is automatic or unavailable, shapes how a case gets prepared from the very beginning. If you are facing a custody matter in Austin, reach out to our office to go over how this presumption and the possession schedule may apply to your family.