Texas Child Protection Law Bench Book

Updated September 2025

Introduction

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Tex. Fam. Code § 153.002(a).

In a suit between a parent and a nonparent, it is a rebuttable presumption that a parent acts in the best interest of the parent's child, and it is in the best interest of a child to be in the care, custody, and control of a parent. Tex. Fam. Code § 153.002(b).