Understanding Conservatorship

In Texas, the term "conservatorship" is used instead of "custody." The courts typically grant one of two types of conservatorship:

• Joint Managing Conservatorship (JMC): Both parents share the rights and responsibilities of raising their child. However, one parent may have the exclusive right to determine the child’s primary residence.

• Sole Managing Conservatorship (SMC): One parent is granted exclusive rights to make most decisions regarding the child’s upbringing.

The court’s primary goal is to act in the child’s best interest, considering various factors to ensure the child's well-being.

In Texas, the term "conservatorship" is used instead of "custody." The courts typically grant one of two types of conservatorship:

• Joint Managing Conservatorship (JMC): Both parents share the rights and responsibilities of raising their child. However, one parent may have the exclusive right to determine the child’s primary residence.

• Sole Managing Conservatorship (SMC): One parent is granted exclusive rights to make most decisions regarding the child’s upbringing.

The court’s primary goal is to act in the child’s best interest, considering various factors to ensure the child's well-being.

Possession and Access (Visitation)

In addition to conservatorship, the court establishes a possession and access schedule, defining when each parent will spend time with the child. Texas uses a Standard Possession Order (SPO) as a guideline, though custom schedules can be created to suit a family's unique needs. For more information, visit the American Bar Association’s resource on "Custody and Visitation Standards".

Life circumstances change, and Texas law allows for modifications to custody orders if:

• A significant change in circumstances has occurred.

• The modification is in the child’s best interest.

• The child (if over 12) expresses a preference for a different arrangement.

Details about modification processes can be found in the Texas Young Lawyers Association's guide to "Changing Custody Orders in Texas".

Custody disputes can often be resolved through mediation, a less adversarial process that can help parents reach a mutually beneficial agreement. If mediation fails, the case may proceed to trial, where a judge will decide on conservatorship and possession. The American Bar Association provides an insightful guide on "Mediation in Family Law Cases"

Child custody cases involve high stakes, and Texas laws can be challenging to navigate without professional assistance. A knowledgeable attorney can help you:

• Understand your rights and responsibilities.

• Build a strong case for your desired custody arrangement.

• Negotiate effectively during mediation.

• Advocate for your interests in court, if necessary.

At the heart of every child custody case is the well-being of the child. Texas courts strive to ensure children are placed in environments where they can thrive emotionally, physically, and educationally. With the right legal support, you can secure a custody arrangement that works for your family while prioritizing your child’s needs.

If you’re facing a child custody case in Texas, our experienced attorneys are here to guide you every step of the way. Contact us today for a consultation, and let us help you protect what matters most—your child.