Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
Texas Codes

Tex. Fam. Code § 153.256 (2026)

Factors For Court To Consider

✓ current as of May 2026
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Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider:

(1) the age, developmental status, circumstances, needs, and best interest of the child;

(2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and

(3) any other relevant factor.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 35, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 56 cases (23 in the last 5 years), 1998–2026 · leading case: In re Harrison, 557 S.W.3d 99 (Tex. App. 2018).
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In re Harrison, 557 S.W.3d 99 (Tex. App. 2018). “" Tex. Fam. Code § 153.256. "[I]n all cases in which possession of a child by a parent is contested and the possession of the child varies from the [SPO], on written request made or filed with the court not later than 10 days after the date of the hearing or on oral request in…”
Kirk Brand Coburn v. Janet Moreland, 433 S.W.3d 809 (Tex. App. 2014). “See Tex. Fam. Code § 153.256 (providing factors court may consider in awarding other than standard possession, including “the circumstances of the managing conservator and of the parent named as a possessory conservator”).”
Niskar v. Niskar, 136 S.W.3d 749 (Tex. App. 2004). “Tex. Fam.Code Ann. § 153.256. Further, a reviewing court’s holding that a trial court did not abuse its discretion implies that the evidence contained in the record rebutted the presumption that the standard possession order was reasonable and in the child’s best interest.”
Newell v. Newell, 349 S.W.3d 717 (Tex. App. 2011). · cites it 2× “In deviating from the standard possession order, the trial court may consider the age, developmental status, circumstances, needs, and best interest of the child; the circumstances of the managing conservators; and any other relevant factor.”
In the Interest of Walters, 39 S.W.3d 280 (Tex. App. 2001). “Tex.Fam.Code Ann. § 153.256 (Vernon 1996).”
in the Interest of S.A.H, a Minor Child, 420 S.W.3d 911 (Tex. App. 2014). “Tex. Fam. Code § 153.256. Mother additionally complains that the trial court failed to make findings of fact in regards to this departure from the standard possession order.”
In the Interest of N.p.m., a Child, 509 S.W.3d 560 (Tex. App. 2016). “Tex Fam. Code Ann. § 153.256. A reviewing court’s holding that a trial court did not abuse its discretion implies that the evidence contained in the record rebutted the presumption that the standard possession order was reasonable and in the child’s best interest.”
Matter of Marriage of Bertram, 981 S.W.2d 820 (Tex. App. 1998). “Tex Fam.Code Ann. § 153.256 (Vernon 1996).”
In the Interest of T.J.S., 71 S.W.3d 452 (Tex. App. 2002). · cites it 2× “Tex. Fam. Code Ann. § 153.256 (Vernon 1996).”
Jacobs v. Dobrei, 991 S.W.2d 462 (Tex. App. 1999). “Tex. Fam.Code Ann. § 153.256 (Vernon 1996).”
In the Interest of C.B.M., 14 S.W.3d 855 (Tex. App. 2000). · cites it 2× “Tex. Fam.Code Ann. § 153.256 (Vernon 1996).”
Sandra Perez v. Brian Williams (Tex. App. 2015). · cites it 6× “254 3 Tex. Fam. Code § 153.256 4 Tex. Fam. Code § 153.”
Show all 56 citing cases →
— Tex. Fam. Code § 153.256(1) — 2 cases
Sandra Perez v. Brian Williams (Tex. App. 2015). “254 3 Tex. Fam. Code § 153.256 4 Tex. Fam. Code § 153.”
In the Interest of S. C. A., K. N. G. B., Child. v. the State of Texas (Tex. App. 2024).
— Tex. Fam. Code § 153.256(3) — 1 case
Sandra Perez v. Brian Williams (Tex. App. 2015). “254 3 Tex. Fam. Code § 153.256 4 Tex. Fam. Code § 153.”
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