You’ve filed for divorce—or you’re about to. And if you have kids, you already know that’s the part that matters most. More than the house, more than the bank accounts. What happens to your children, where they live, how much time each parent gets, and who pays what—those are the questions that keep parents up at night.
First, Forget the Word “Custody”—Texas Does Things Differently
Most people come in talking about “custody” and “visitation.” Texas family law uses different terms, and knowing them matters because they mean specific things in court. In Texas, what most people call custody is called conservatorship. It refers to your legal rights and responsibilities as a parent—things like the right to make decisions about your child’s education, healthcare, and religious upbringing. Visitation—the actual time each parent physically spends with the child—is called possession and access.
Conservatorship: Who Makes the Decisions?
There are two types of conservatorship in Texas:
Joint Managing Conservatorship
The default in Texas—courts order it in roughly 90% of cases. It means both parents share the rights to make major decisions for the child. That includes decisions about schooling, medical treatment, and religious upbringing. It does not automatically mean the child spends equal time with each parent.
Sole Managing Conservatorship
Ordered when one parent is not suited for joint conservatorship—typically in situations involving a history of family violence, abuse, neglect, or serious instability. This gives one parent the exclusive right to make the major decisions for the child.
Possession Orders: Who Has the Kids and When?
Once conservatorship is settled, the court establishes a Possession Order—essentially a detailed calendar spelling out when each parent has the child. For most families in Texas, the default starting point is the Standard Possession Order (SPO).
For parents living within 50 miles of each other, the noncustodial parent typically gets:
- The first, third, and fifth weekends of each month
- Thursday evenings during the school year
- Extended time in the summer
- Alternating holidays
Under Texas’s Expanded Standard Possession Order—which applies in most Collin County cases—the noncustodial parent ends up with roughly 46 to 48 percent of the year, or about 160 to 175 overnight visits annually.
Child Support: How Is It Calculated?
Child support in Texas is not a negotiation between the parents—it’s a formula set by state law. The court calculates it based on the paying parent’s net monthly resources, then applies a percentage based on how many children need support:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more children: 40%
As of September 2025, these percentages apply to the first $11,700 per month in net resources. One thing that surprises a lot of parents: a 50/50 possession schedule does not automatically mean zero child support. Even if time is split equally, the parent with higher income may still owe support.
Can You Agree on Your Own Terms?
Yes—and when it’s possible, it’s almost always better for everyone, especially the kids. If you and your spouse can reach a genuine agreement on conservatorship, possession, and child support before your case goes to a judge, the court will generally approve it as long as it’s in the child’s best interest and doesn’t violate state law.
The Bottom Line for Parents
Your kids are going to be okay. And so are you. But the orders that come out of your divorce—the custody arrangement, the possession schedule, the support amount—are documents you and your children will live with for years. Getting them right matters enormously.
