Texas Juries Decide Child Custody Cases
In Texas, child custody cases can be decided by juries rather than judges, as illustrated by a recent Supreme Court ruling. The court determined that a trial court's possession order conflicted with a jury's verdict regarding a child's primary residence. This ruling emphasizes the importance of adhering to jury decisions in custody matters, particularly concerning the definition of 'primary residence.'
- ▪In Texas, juries play a significant role in deciding child custody cases.
- ▪The Texas Supreme Court ruled that a trial court's possession order contradicted a jury's verdict on primary residence.
- ▪The court clarified that a child's primary residence is defined as the place where they live most of the time.
Opening excerpt (first ~120 words) tap to expand
Parental Rights Texas Juries Decide Child Custody Cases Eugene Volokh | 5.23.2026 1:39 PM In most states, child custody matters are decided by judges; but in Texas, they are in large part decided by juries. Here's a Texas Supreme Court decision from yesterday, Gopalan v. Marsh (written by Justice John Devine), that illustrates this and reaffirms the primacy of the jury as to some such matters: In this divorce proceeding, the jury found that the father should have the exclusive right to designate the children's primary residence. But the trial court awarded the mother more time with the children under the divorce decree's possession order. The central issue is whether the court's possession order contravened the jury verdict. We hold that it did.
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