Child Custody Agreement in Texas

Child Custody Agreement in Texas: Everything You Need to Know

Child custody is one of the most crucial aspects of a divorce or separation. In Texas, child custody is referred to as „conservatorship” and involves determining who will make decisions about the child`s welfare and where they will live. If you are going through a divorce or separation in Texas and want to understand the child custody agreement process better, this article will provide you with all the essential information.

Types of Conservatorship

Under Texas law, there are two types of conservatorship: sole managing conservatorship and joint managing conservatorship. The court will consider various factors, including the parents` relationship with the child, their ability to provide for the child, and any history of abuse or neglect, before deciding which type of conservatorship is in the child`s best interests.

Sole Managing Conservatorship

In sole managing conservatorship, one parent is responsible for making all decisions about the child`s welfare, including education, medical care, and religious upbringing. The other parent might still have visitation rights, but they will not make any decisions regarding the child`s upbringing.

Joint Managing Conservatorship

In joint managing conservatorship, both parents share in the decision-making process, and the child will typically have regular visitation with each parent. Joint managing conservatorship is the most common type of conservatorship in Texas, with the court presuming that it is in the child`s best interest.

Creating a Child Custody Agreement

In Texas, parents are encouraged to develop a child custody agreement without involvement from the court. A custody agreement is a formal document that outlines the parents` roles and responsibilities regarding the child`s care and welfare. It can be as detailed or as straightforward as the parents choose.

If the parents can agree on the terms of the custody agreement, they can submit it to the court for approval. If the court determines that the agreement is in the child`s best interest, it will become a court order. If the parents cannot agree on certain terms, the court will intervene and determine the custody arrangement.

Factors Considered by the Court

If the court becomes involved in determining the custody arrangement, it will consider several factors to determine the child`s best interests. These factors may include the child`s age and needs, the parents` ability to provide for the child, the child`s relationship with each parent, and any history of abuse or neglect.

Enforcement of Custody Agreements

Once a child custody agreement becomes a court order, it is enforceable by law. If one parent violates the agreement, the other parent can seek enforcement through the court. Possible remedies for violations include fines, incarceration, and even a change in the custody arrangement.


Child custody agreement in Texas can be a daunting process, but it is crucial to ensure that your child`s best interests are considered. Whether you choose sole or joint managing conservatorship, it is essential to develop a custody agreement that outlines your roles and responsibilities. If you need help navigating the child custody process, consult an experienced family law attorney who can help you protect your rights and those of your child.