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Appellate decision · Texas · Custody

Texas Supreme Court resolves conflict over primary residence and possession

A possession order awarding the other parent more time conflicted with the jury’s assignment of the exclusive right to designate the children’s primary residence.

CaseGopalan v. Marsh, No. 25-0161CourtSupreme Court of TexasDecision date and statusMay 22, 2026 · decided

In a divorce decree, a jury assigned the father the exclusive right to designate the children’s primary residence, but the trial court awarded the mother approximately 57 percent of possession. The Supreme Court held that primary residence does not mean a home where the children live less time than elsewhere. It reversed and remanded possession and related determinations while otherwise affirming. The opinion does not categorically prohibit equal-time arrangements or establish an automatic primary-parent rule; later modification was left open.

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