When parents separate or divorce, determining who will care for the children is often one of the most emotionally charged parts of the process. Texas law focuses on what is in the best interest of the child, and understanding the types of custody arrangements available can help parents make informed decisions.

The main forms of conservatorship in Texas include Joint Managing Conservatorship, where both parents share decision-making authority, and Sole Managing Conservatorship, where one parent holds the majority of legal rights and responsibilities. Understanding how these custody structures work can help parents prepare for the process and make informed decisions that support their child’s best interests.

At Rojas Law Firm, we understand the stress that child custody matters can bring. For guidance tailored to your specific situation, please contact our office to schedule a consultation.

Understanding Conservatorship in Texas

In Texas, the term custody is commonly used, but the legal term is conservatorship. Conservatorship refers to the rights and duties a parent has to make decisions for their child and care for them daily. These rights may include decisions about the child’s education, medical treatment, religion, and residence.

Texas courts typically presume that both parents should share in raising their child unless there is a reason, such as abuse, neglect, or substance abuse, that makes joint parenting unsafe or impractical.

There are two main types of conservatorship recognized under the Texas Family Code:

• Joint Managing Conservatorship (JMC)
• Sole Managing Conservatorship (SMC)

Each arrangement comes with unique rights, responsibilities, and limitations.

Joint Managing Conservatorship (JMC)

A Joint Managing Conservatorship is the most common type of custody arrangement in Texas. In this setup, both parents share decision-making responsibilities and parental rights. However, “joint” does not necessarily mean equal time with the child.

Courts often designate one parent as the primary conservator, who determines the child’s primary residence and receives child support from the other parent. The possessory conservator (the other parent) typically has visitation rights, often referred to as a possession schedule.

Key features of a JMC include:

• Both parents participate in making significant decisions about the child’s upbringing;
• The child primarily resides with one parent, and
• The noncustodial parent has regular visitation or possession time.

This arrangement works best when parents can communicate effectively and prioritize their child’s well-being over personal conflicts.

Sole Managing Conservatorship (SMC)

A Sole Managing Conservatorship gives one parent the exclusive right to make most decisions for the child. The other parent, referred to as the possessory conservator, may have limited rights or restricted visitation rights, depending on the circumstances.

Courts usually grant SMC only when it would not be in the child’s best interest for both parents to share decision-making authority. Examples include cases involving:

• Family violence or child abuse;
• Drug or alcohol dependency;
• Neglect or endangerment; or
• Absence or abandonment by one parent.

An SMC gives one parent full authority over key areas such as:

• The child’s medical, educational, and psychological care;
• Where the child lives, and
• How the child’s finances or benefits are managed.

The other parent may still have visitation rights, but those rights can be supervised or restricted when necessary to ensure the child’s safety.

Possession and Access (Visitation Rights)

In addition to conservatorship, Texas law also addresses possession and access, which determine when and how each parent spends time with their child. These terms replace what most people think of as visitation.

The Standard Possession Order (SPO) is the default schedule courts use in most cases. It typically grants the noncustodial parent visitation on:

• The first, third, and fifth weekends of each month;
• One evening per week during the school year;
• Alternating holidays; and
• Extended time during summer break.

Parents can also agree to a Modified Possession Order that better fits their work schedules or the child’s needs. Courts encourage flexibility, especially when both parents are cooperative and live close to each other.

Split and Shared Custody Arrangements

While less common, some families choose or are granted split or shared custody arrangements.

• Split Custody: Each parent has primary custody of one or more children. For example, one parent may have a teenage child while the other has a younger sibling. Courts generally avoid this unless it’s clearly beneficial for the children.
• Shared Custody: Parents divide physical custody more evenly, such as alternating weeks or months. This can work well when parents live near each other and maintain consistent communication.

The court will only approve these arrangements if they align with the child’s best interest, considering factors such as stability, schooling, and emotional well-being.

Temporary Custody Orders

During a pending divorce or custody case, Texas courts may issue temporary orders to establish custody and visitation arrangements until a final order is entered. These temporary arrangements ensure that the child’s needs are met and can be adjusted later based on new evidence or changing circumstances.

Temporary custody orders may include temporary child support, visitation schedules, and decision-making authority.

Protecting Your Parental Rights With a Child Custody Attorney

Child custody disputes can be stressful and confusing, but understanding how conservatorship works under Texas law can help you make more informed decisions. Whether you are seeking joint managing conservatorship, requesting a modification, or facing a custody challenge, legal representation can make a significant difference.

At Rojas Law Firm, we help parents protect their relationships with their children while ensuring their rights are respected throughout the process. Our team provides compassionate guidance and effective advocacy in every custody case.

If you have questions about conservatorship or need help with a custody dispute, call 210-299-4600 or contact us online to schedule your consultation today.