Custody as a father in Texas

CASE LAW

The factors, in plain words

• The child's desires (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• The child's emotional and physical needs now and in the future (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• Emotional or physical danger to the child now and in the future (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• The parents' parental abilities (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• Programmes available to assist the parents (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• Each parent's plans for the child (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• Stability of the home or placement (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• Acts or omissions showing the parent-child relationship is improper (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))
• Any excuse for those acts or omissions (Holley v. Adams, 544 S.W.2d 367 (Tex. 1976))

Texas has no factor list in its custody (conservatorship) statute - label on-page as case law. Do NOT use Tex. Fam. Code §263.307(b): that list is for DFPS / safe-environment cases, not private conservatorship. Source list: Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex. 1976); Tex. Fam. Code §153.002 (best interest is the primary consideration; the conservatorship statute lists no factors)

Presumption status

jmc-only · Tex. Fam. Code §153.131; §153.003 (sex of parent or child may not be considered)

Joint managing conservatorship is decision-making, not 50/50 possession; the Standard Possession Order is not equal time.

Burden: Rebuttable presumption that appointing both parents joint managing conservators is in the child's best interest; removed by a finding of a history of family violence

The paternity gate in Texas

Form: Acknowledgment of Paternity (AOP)

Authority: Tex. Fam. Code ch. 160 (Uniform Parentage Act): §160.201(b); §160.204; §160.301 et seq.; adjudication with genetic testing under subch. F (§160.401 et seq.)

Rescission window: 60 days, or before a related proceeding

No default-custodian rule stated for TX in sizing §3. A valid filed AOP has the effect of a court order of parentage; only after parentage exists does he have standing as a 'parent' to file a SAPCR seeking conservatorship, possession and support. No AOP and no adjudication = no conservatorship or possession a court can grant.

Run the custody decoder for Texas

Rules checked October 2026.