Going through a separation or divorce is one of the most challenging experiences a person can face. When children are involved, the emotional weight and complexity increase dramatically. You are not just ending a relationship; you are restructuring your family. Your primary goal is to ensure your children are safe, happy, and loved as you all enter this new chapter.
A knowledgeable Bedford child custody lawyer can help you navigate this process with confidence and clarity. Amid the stress and uncertainty, legal terms can feel confusing. You may hear friends, family, or even television shows talk about joint custody or sole custody. As you focus on building a stable and predictable future for your children, it’s important to understand what these concepts actually mean in Texas.
The good news is that the Texas legal system has a clear framework for joint custody in Texas that’s designed to put your child’s well-being first.
The Most Important Term: Conservatorship
First, let’s clear up the biggest point of confusion. In Texas, the law does not use the word custody. Instead, it uses the term conservatorship.
While it may sound technical, the idea is simple. Conservatorship refers to the legal rights and responsibilities of a parent. It answers questions like:
- Who makes important decisions about the child’s education?
- Who can consent to medical or dental treatment?
- Who decides where the child lives?
- Who has the right to get information from the child’s school or doctor?
When a court issues an order about your children, it will be called an order in a Suit Affecting the Parent-Child Relationship. This order will name the parents as conservators and detail each parent’s specific rights and duties.
Joint Managing Conservatorship: The Texas Standard
What most places call joint custody is known in Texas as a Joint Managing Conservatorship (JMC).
This is the most common arrangement in the state. In fact, Texas law presumes that naming both parents as Joint Managing Conservators is in the child’s best interest. A court will almost always order a JMC unless there is a compelling reason not to, such as a history of family violence or substance abuse.
Being Joint Managing Conservators means that you and the other parent share the rights and responsibilities of raising your child. It is a legal recognition that both of you are vital to your child’s life and will continue to be active and involved parents.
Some of the rights and duties you will likely share as Joint Managing Conservators include:
- The right to receive information from the other parent about the child’s health, education, and welfare.
- The right to access the child’s medical, dental, psychological, and educational records.
- The right to consult with the other parent before making a decision about the child’s health or education.
- The right to attend school activities, such as parent-teacher conferences and performances.
- The duty to inform the other parent of significant events in the child's life.
A JMC is designed to encourage cooperation and co-parenting. It sends a clear message that even though the parents are no longer together, they are still a team when it comes to raising their children.
Key Roles Within Joint Managing Conservatorship
Even when parents are named Joint Managing Conservators, it does not always mean that every single right and responsibility is split 50/50. For practical reasons, the court order needs to create a clear structure for day-to-day life.
To do this, the court will designate one parent as the primary parent. This parent is sometimes called the custodial parent.
The primary parent has the exclusive right to determine the child’s residence. This means they are the one who decides where the child lives, although it is often restricted to a specific geographic area, like a certain county or school district.
Because this parent establishes the child’s main home, they are also typically the parent who receives child support payments.
The other parent, sometimes called the non-custodial parent, has visitation with the child according to a possession schedule. They will also typically be ordered to pay child support to the primary parent.
It is important to remember that even if you are not the primary parent, you are still a Joint Managing Conservator. You retain significant rights and play a crucial role in your child’s life. You are not just a “visitor.” You are a parent with legal rights and responsibilities.
Decision-Making Powers: Who Decides What?
One of the most important parts of a conservatorship order is how it allocates decision-making power. As Joint Managing Conservators, you and the other parent will need to make countless decisions for your child over the years.
The court order will specify how these decisions are to be made. There are three main ways this can be structured:
- Exclusive Right: One parent is given the power to make a final decision on a specific issue. The most common exclusive right is the one given to the primary parent to determine the child’s residence.
- Shared Right (By Agreement): The parents are required to consult with each other and must agree on a course of action. If they cannot agree, they may need to use a mediator or return to court.
- Independent Right: Each parent can make a decision independently of the other. This is common for things like consenting to routine medical care during their period of possession.
A typical order will assign different rights in different ways. For example, an order might state:
- The primary parent has the exclusive right to determine the child’s residence.
- The parents must agree on which school the child will attend.
- Either parent has the independent right to consent to emergency medical treatment.
- One parent may be given the exclusive right to make decisions about non-emergency invasive medical procedures, while the other must be consulted.
The goal is to create a clear roadmap that minimizes future conflict while ensuring both parents remain involved in major life decisions.
Possession and Access: The Parenting Schedule
Beyond rights and duties, the most pressing question for most parents is about time. When will I see my children? This is covered by the possession and access portion of the court order.
Texas provides a default schedule called the Standard Possession Order (SPO). The law presumes that the SPO is in the child’s best interest. It is designed to provide a predictable and consistent schedule that children can rely on.
While the details can be customized, a basic SPO for parents who live less than 100 miles apart generally includes:
- The non-primary parent has the children on the first, third, and fifth weekends of a month.
- The parents alternate major holidays, such as Thanksgiving and Christmas, each year.
- The non-primary parent has possession for an extended period (usually 30 days) during the summer.
There are different versions of the SPO, including provisions for when parents live over 100 miles apart. These expanded schedules often give the non-primary parent more time during the summer and every spring break to make up for less frequent weekend visits.
It is crucial to understand that the SPO is just a default. Parents are free to agree on any possession schedule that works for their family. If you and the other parent can create a custom schedule that you both believe is best for your child, a court will almost always approve it. This could be a week-on/week-off schedule or another creative arrangement that fits your work schedules and your child’s needs.
What About a 50/50 Possession Schedule?
Many parents today are interested in a true 50/50 split of time. This is possible in Texas, but it is not the standard presumption like the SPO.
To get a 50/50 possession schedule, you typically need to either agree to it with the other parent or convince a judge that it is in your child’s best interest. A judge might consider several factors when deciding whether a 50/50 schedule is appropriate, such as:
- How close the parents live to each other
- The parents’ ability to communicate and co-parent effectively
- The child’s age and maturity
- The parents’ work schedules and availability
- Whether a 50/50 schedule would provide the child with more stability, not less
A 50/50 schedule can work wonderfully for some families, but it requires a high level of cooperation.
When Joint Custody Isn’t an Option: Sole Managing Conservatorship
While a Joint Managing Conservatorship is the strong preference in Texas, there are situations where it is simply not in the child’s best interest. In these cases, a court may name one parent as the Sole Managing Conservator (SMC).
A judge will do this only if there is evidence that appointing the parents as joint conservators would harm the child’s physical or emotional well-being. This is a very high bar. Common reasons for a court to order an SMC include:
- A history of family violence committed by one parent
- A history of child abuse or neglect
- Significant substance or alcohol abuse by one parent
- Extreme conflict between the parents that makes joint decision-making impossible
- The absence of one parent from the child’s life for a long period
When one parent is named the Sole Managing Conservator, that parent is granted the exclusive right to make most of the major decisions for the child.
The other parent is typically named the Possessory Conservator. The Possessory Conservator still has the right to possession and access (visitation) with the child, often following a Standard Possession Order. However, their ability to make legal decisions for the child is significantly limited. In cases involving family violence or abuse, the court may order that the Possessory Conservator’s visits be supervised to ensure the child’s safety.
The Guiding Principle: The Best Interest of the Child
Throughout every decision a Texas court makes about children, one standard rules above all others: the best interest of the child.
This is not just a phrase; it is the legal foundation for every conservatorship, possession, and child support order. A judge’s job is not to reward one parent or punish the other. Their only job is to create an arrangement that will best support the child’s emotional and physical well-being.
To determine what is in a child’s best interest, a judge will look at a long list of factors, often called the “Holley factors.” These include:
- The child’s emotional, physical, and developmental needs
- The ability of each parent to meet those needs
- The stability of each parent’s home
- Any acts or omissions by a parent that may indicate an improper parent-child relationship
- Any danger to the child, now or in the future
- The plans each parent has for the child
- The child’s preferences, if they are old enough to express them (usually age 12 or older)
Understanding this standard is key. Your case will be stronger if you focus on showing how your requests serve your child’s best interests, rather than focusing on your own wants or your disputes with the other parent.
Finding a Path Forward: Agreement Is Powerful
Hearing about court orders and legal standards can be intimidating. But remember, you and the other parent have the power to make these decisions for yourselves.
When parents can reach an agreement on conservatorship and possession, everyone benefits. You maintain control over your family’s future, reduce conflict, and save the time, money, and emotional stress of a contested court battle. Most important, you provide a united front for your children, showing them that their parents can still work together for their benefit.
Mediation is a powerful tool that helps many parents find common ground and create a parenting plan they can both support. A neutral third-party mediator facilitates a conversation, helping you work through disagreements and craft a detailed, customized agreement that a judge can sign and make an official order.
Questions About Joint Managing Conservatorship in Texas?
When it comes to conservatorship, possession schedules, and parenting plans in Texas, understanding the law is key. But applying it to your unique family situation requires careful guidance and support. At Bailey & Galyen, we understand the emotional and legal challenges you are facing. For over 40 years, our firm has been dedicated to helping individuals and families across Texas find solutions that protect their rights and their futures.
Our team of family law attorneys draws on significant resources and a deep commitment to personal service. We believe in clear communication, making sure you always understand your options so you can make the best decisions for your family. We are here to help you put the pieces together and solve your legal puzzle. We even offer financing options, like the Bailey & Galyen Platinum Card, to make the cost of high-quality legal services more manageable.
If you are facing a divorce or custody matter, let us help you find a clear path forward. Contact Bailey & Galyen today at (817) 345-0580 or through our online form to schedule your consultation.