Custody of a child is one aspect of the parent-child relationship that can be determined in a SAPCR. This page will provide information about how to get custody of a child through the courts.
Most people think of the terms "custody" and "visitation" when it comes to whom the child lives with. Texas law uses the terms "conservatorship," "possession," and "access." The links below provide more information about what these terms mean and how they are used.
TexasLawHelp.org has compiled this list of frequently asked questions about child custody. It contains common definitions and links to forms and helpful articles about custody.
Texas Access has provided a brief explanation of the concepts and parties involved in a custody situation.
Possession orders are documents that say when each parent will spend time with the child. They are usually issued as part of the SAPCR. Courts have the power to enforce these orders if the other parent is not following them.
In Texas, visitation orders are formally known as "possession orders." This FAQ from TexasLawHelp.org explains how to get, change, and enforce possession orders.
If you don't understand your visitation order, you can ask the court to clarify it for you. This article explains how to request a clarification.
Upon request by one of the parties in a custody suit, Texas law requires the court to interview a child who is at least twelve years old about their wishes about custody. The court must still make a decision that is in the best interest of the child, but the child can at least have the opportunity to have their preference heard.
This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. They will not automatically be granted their preferred custody arrangement as the court still must rule in their best decision.
This article from a Houston family law attorney discusses how a child's preference and other factors play into a court's custody determination.
This "Client Page" from the State Bar of Texas explains a child's ability to voice their preferences about which parent they live with and clears up some common misconceptions.
If a court from another state or country issued a custody or visitation order while you were living there, upon moving to Texas you can register it with the appropriate Texas court. You might see this referred to as "domesticating a foreign order" or "registering a foreign order." This will allow the Texas court to enforce that order.
The Uniform Child Custody Jurisdiction and Enforcement Act sets forth guidelines for courts for determining jurisdiction over and enforcement of interstate child custody issues.
This article from Texas Law Help explains the basics of registering an out-of-state child custody or support order in Texas.
This FAQ page from TexasLawHelp explains the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law that would allow Texas to enforce a custody order made in another state or country. Item #9 explains how to register an out-of-state order in Texas.
The State Department provides information on enforcing a custody agreement from another country on this page. It also gives an overview of enforcement remedies available under the Hague Convention.
This guide includes forms and instructions for a letter and affidavit to request that the court register an out-of-state custody order in Texas.
Relatives such as grandparents, aunts, uncles, and older siblings caring for a child may run into difficulties if they are not the legal conservator of the child. The resources below contain information that may be helpful for non-parent caregivers.
These articles from Texas Law Help discuss grandparents' rights including custody and visitation.There are many children in Texas who are being cared for by a non-parent relative. The Texas Kincare Taskforce has developed this primer to help these caregivers understand their rights and responsibilities and know where they can turn for assistance.
In order for a nonparent caregiver to be able to make certain decisions on behalf of a child, they may need authorization from the parent. This form allows a parent to authorize any adult caregiver to make decisions regarding their child. Note that this is an authorization that is distinct from a custody order issued by a court; it can be revoked by the parent at any time.
Our librarians have created a research guide about the rights of grandparents when it comes to their grandchildren.
This FAQ page from Texas Access provides information about the rights of grandparents to see their grandchildren in Texas.
Certain family circumstances, such as military service or incarceration, may factor into possession and access in Texas. The following links discuss how these circumstances affect SAPCRs.
This article from Texas Law Help explains how a parent's military deployment can affect child custody and visitation in Texas.
This article from Texas Access answers questions about visitation and custody for both custodial and non-custodial parents in the military.
This checklist from the Office of the Attorney General – Child Support Division helps a military parent prepare for deployment and ensure that their child's needs are taken care of.
This article from Texas Access answers questions about custody and parenting issues for parents who are facing incarceration.
This article from Texas Law Help answers basic questions about child custody, visitation, and support for both custodial and noncustodial incarcerated parents.
Texas Law Help provides information on how to handle child custody and visitation issues and COVID-19.
