What Does Primary Physical Custody Mean in Texas?

When parents divorce, a major concern is who will have “primary physical custody” of their children. However, the term “primary physical custody” does not exist in the Texas Family Code. Instead, child custody attorneys and judges use it to mean the parent whose home will become the children’s primary residence. 

For many parents, the goal is to secure primary physical custody of their children. There is also the misconception that a parent will not see their children if they are not awarded primary custody. This assumption is incorrect. In most cases, the family court’s objective is to reach an agreement that allows children to have a meaningful relationship with both parents.

What Are My Rights with Primary Physical Custody?

Texas law divides child custody into two categories:

• Conservatorship – Conservatorship is a parent’s right to make important decisions about their children’s lives, such as those concerning medical treatment or education. In most cases, the Texas Family Code instructs the court to presume that parents should have a joint conservatorship in the children’s best interest. 
• Possession – Possession denotes the right to decide the children’s primary residence. The parent with this right is frequently called the “primary” or “custodial” parent. 

The court will usually give the parent not awarded primary custody (the “non-custodial” or “non-primary parent”) part-time possession of the children according to the state’s Standard Possession Order (SPO). 

According to the Texas Attorney General, the default SPO for parents living less than 50 miles apart grants possession to non-primary parents on Thursday evenings, the month’s first, third, and fifth weekends, and holidays that alternate based on odd or even-numbered years. The SPO also grants non-primary parents 30 days of extended parenting time over summer break. 

The specific terms of the SPO can vary depending on how far a child lives from the non-primary parent. Parents can also work with attorneys and the courts to customize their possession plan if desired. 

Benefits of Primary Physical Custody

Primary physical custody can offer several benefits for children and their primary parent. Primary custody can:

• Provide stability and predictability with a consistent living situation – A stable primary residence (and predictable visitation with their non-custodial parent) can provide children with a sense of safety and security. It also helps families avoid the stress associated with frequent transitions. In addition, primary physical custody allows for establishing consistent care routines regarding bedtimes, homework, meals, and other daily activities. 
• Help maintain a stable and consistent academic environment – Residing with a primary parent allows for educational consistency. Children do not have to deal with the emotional, social, or educational upheaval of changing schools during the academic year. 
• Foster trust and a strong parent/child bond – The primary parent can spend substantial time with their children, promoting a strong bond and trusting relationship. 
• Support social and emotional development – Giving children a primary residence creates an emotionally secure environment with a parent who is consistently there to help nurture emotional and social maturity. When children know where and with whom they will live, the reduced stress and anxiety will positively affect their mental and emotional health. 

Primary Physical Custody and School

While children usually attend school in the district where the parent with primary physical custody resides, disputes between parents sometimes arise. For example, the non-primary parent may wish the children to attend a private school further from the primary parent’s home. Such disagreements can be worked out through negotiation, mediation, or, failing these, litigation in court. 

If I Have Primary Physical Custody, Can I Move?

Parents with primary physical custody can usually relocate, but they must give at least 60 days’ notice to the non-custodial parent. Non-primary parents can object to a move and petition the court to contest it. 

When deciding when to permit a move, the court will consider:

• The motivation for the move
• The best interests of the children
• The effect the move will have on parent/child relationships
• The effect the move will have on the children socially, emotionally, and educationally

How to Get Primary Physical Custody

Getting primary physical custody in Texas requires proving that it is in the best interest of the children that they reside with you. The court will examine the following when making a custody determination:

• The age and preferences of the children
• The children’s emotional and physical needs
• The children’s relationship with each parent
• Each parent’s involvement in the children’s daily lives and activities
• Each parent’s health and finances
• Any history of abuse, neglect, or violence (if applicable)

The court cannot base a custody determination on either parent’s marital status or the sex of the parents or children. 

If you want the courts to grant you primary physical custody, you can take the following steps:

• Be a presence in your child’s life and document the time you spend with them
• Try to remain on good terms with your co-parent and avoid confrontations with them
• Demonstrate that you can provide a stable and nurturing home environment for your children

Perhaps most importantly, consider hiring an experienced family law attorney. An attorney can help you understand the ins and outs of Texas family law and what to expect at each step. Then, they can build a case proving that residing with you is the best option for your children and help you negotiate a possession order to meet your goals. 

Contact a Dallas Family Law Attorney

Don’t make the mistake of attempting to secure primary custody without the assistance of a family law attorney. You deserve a strong legal representative on your side, especially if the other parent has a lawyer advocating for them. 

Balekian Hayes, PLLC can protect your rights and help you navigate Texas’s complex child custody process. We understand nothing is more important to you than your children’s well-being and future. Let us provide you with the legal support you need to nurture your children and protect your relationship with them. Contact us online or call today for a consultation and connect with a family law attorney.