How Does Conservatorship Work in Texas?
The issues at hand in child custody matters is conservatorship, possession of and access, and residency. Rather than one parent
being awarded custody or both parents being awarded joint custody, in Texas it is referred to as joint managing conservators or
sole managing conservator. When a child spends time with one parent it is referred to as “possession of and access.”
The Texas Family Code makes it very clear that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” The Texas Family Code further clarifies that “it is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child.” It is always the presumptions of the court that parents should share custody and should co-parent. There are rare occasions that sole managing conservatorship is needed and warranted to maintain the best interest of the child.
Because the Texas Family Code makes it very clear that the best interest of the child shall always be first, parents are entitled to be designated as co-equal parents with virtually identical rights, responsibilities, and duties.
What is Joint Managing Conservatorship?
Joint managing conservatorship (JMCs) means the parents share in decision making abilities about most issues with the child(ren). It
does not mean the child(ren) time is split equally between the parents.
What is Sole Managing Conservatorship?
Sole managing conservatorship (SMC) means you are the only parent with the legal right to make certain decisions concerning your child.
It does not mean that your child(ren) will not see the other parent.
What is Possessory Conservator?
Possessory conservator is the parent who is not a “managing” conservator. A possessory conservator has the right to have physical
possession of the child(ren). A possessory conservator still has rights but does not have the final say on most decisions.
Let the team at Heather Hudson Law Firm, PLLC, help you navigate this process.