Texas Custody and Lifestyle Choices: How Do They Impact Decisions?

Understanding Texas Custody Laws

In the state of Texas, custody decisions are made with the child's best interests as the primary consideration. Texas courts typically use the term 'conservatorship' instead of 'custody', and they categorize it into two forms: 'Joint Managing Conservatorship (JMC)' and 'Sole Managing Conservatorship (SMC)'. A JMC allows both parents to make decisions concerning their child, whereas an SMC grants only one parent the right to make such decisions. The determinations of conservatorship, possession, and access are affected by various factors, including lifestyle choices of the parents.

The Influence of Lifestyle Choices on Custody Decisions

Lifestyle choices can broadly encompass habits, activities, and behaviors that reflect a person's way of living. When these choices impact a parent's ability to provide a stable, safe, and nurturing environment for their child, they become pertinent in custody cases. Choices such as substance abuse, criminal behavior, or involvement in activities considered dangerous or immoral can heavily influence a court's decision on which parent is awarded conservatorship.

Substance Abuse

For instance, if a parent struggles with alcoholism or drug addiction, Texas courts may consider this a significant risk to the child's welfare. A court may require evidence of rehabilitation and sustained sobriety before considering joint custody arrangements or may place restrictions on visitation until the parent can demonstrate responsible behavior.

Criminal Behavior

A history of criminal behavior can also be detrimental to a parent's case for custody. If a parent has been convicted of crimes that suggest a pattern of endangering the child's safety or welfare, such as domestic violence or child abuse, it will likely impact their rights to conservatorship.

Moral Concerns

Matters such as cohabitation with a partner when not married or having multiple relationships may also come under scrutiny. While Texas has become more liberal in its approach to such issues over time, some judges may still consider these factors when determining what is in the best interest of the child.

Case-by-Case Basis

It's important to note that Texas courts evaluate each case individually. What might be a concern in one scenario could be negligible in another. For example, if a parent's romantic life does not interfere with their parenting abilities and the child is not exposed to inappropriate situations or instability as a result, it may not have much effect on custody outcomes.


Texas courts focus on ensuring that children have a stable and supportive environment post-separation. Lifestyle choices that threaten this stability are carefully examined during custody proceedings. Parents concerned about how their lifestyle choices might affect their custody case should seek legal advice and work towards demonstrating that they can provide an environment conducive to their child's best interests.