The thought of losing time with your children during a divorce or separation is one of the most frightening aspects of a family dispute. In Texas, the legal term for what most people call “custody” is Conservatorship. Understanding how Texas courts decide these matters—and the difference between joint and sole management—is the first crucial step in protecting your parental rights.
As a dedicated Houston family law attorney, we know that child conservatorship cases are often the most contentious and emotionally draining. This guide will clarify the key concepts in Texas family law to help you approach your case with knowledge and confidence.
Understanding Conservatorship: What is “Custody” in Texas Law?
In Texas, the primary goal of the court is always to act in the best interest of the child. The law prefers arrangements that allow both parents to remain actively involved in the child’s life.
Joint Managing Conservatorship (JMC)
Joint Managing Conservatorship (JMC) is the default arrangement in Texas and is what most people equate to “joint custody.” In a JMC, both parents share the rights and duties of raising the child. However, JMC does NOT automatically mean 50/50 possession time.
Key aspects of a JMC include:
- Exclusive Right to Designate the Residence: One parent is typically given the exclusive right to determine the child’s primary residence. This parent is called the “custodial parent” or the “managing conservator.”Residence is usually restricted to a specific geographic area (e.g., Harris County and contiguous counties).
- Non-Custodial Parent: The other parent is the “possessory conservator” and is usually granted a Standard Possession Order (SPO) for visitation.
- Shared Decision-Making: Even in a JMC, major decisions—such as those concerning medical treatment, education, and psychological care—are usually shared, although one parent may be granted the final say in a specific area.
H3: Sole Managing Conservatorship (SMC)
Sole Managing Conservatorship (SMC) grants one parent the exclusive right to make most or all of the major decisions concerning the child. This is a much rarer outcome, typically reserved for cases where there is evidence of:
- A history of family violence or abuse.
- Substance abuse.
- A long period of absence or neglect by one parent.
If the court determines that an SMC is in the child’s best interest, the Sole Managing Conservator holds most rights, and the other parent is named the possessory conservator, usually retaining only limited rights and supervised or restricted possession.
The Role of the Standard Possession Order (SPO)
The Standard Possession Order (SPO) is the most common possession schedule ordered by Texas courts, designed to ensure both parents have significant time with the child. It typically grants the non-custodial parent possession on:
- The first, third, and fifth weekends of the month.
- Alternating holidays (e.g., Christmas one year, Thanksgiving the next).
- Extended summer possession (e.g., 30 days).
For parents who live closer together (within 50 miles), a “Expanded Standard Possession Order” may be utilized, which slightly increases the non-custodial parent’s possession time, often including Thursday evenings.
Key Factors a Texas Judge Considers in Child Custody Cases
When determining conservatorship and possession, a Texas family court judge will evaluate the case based on a list of factors established in the landmark Holley v. Adams case, all centered on the child’s best interest.
- The emotional and physical needs of the child now and in the future.
- The stability of the proposed homes.
- The programs available to assist the parents in promoting the child’s best interest.
- The desires of the child (if they are 12 or older, a judge will interview them in chambers).
- The acts or omissions of the parent that may indicate that the parent-child relationship is not proper.
- Any evidence of abuse or neglect.
- The proximity of the parents’ residences.
The Importance of a Houston Family Law Attorney
Attempting to navigate a Texas child custody dispute without experienced legal guidance can be a costly mistake. An experienced Houston family law attorney can help you:
- Develop a Strategy: Craft a legal argument that effectively demonstrates why your proposed conservatorship and possession schedule is in the child’s best interest.
- Negotiate with the Opposing Counsel: Often achieving an amicable settlement through mediation, saving you time, money, and emotional stress.
- Gather Evidence: Collect and present evidence crucial to your case, such as witness testimony, school reports, and social media evidence.
- Protect Your Rights: Ensure you are not bullied into an unfair agreement and that your voice is clearly heard in the courtroom.
Secure Your Parental Rights Today
If you are facing a child custody or divorce case in Harris County or the surrounding areas, do not wait to get legal advice. Your child’s future is too important. Contact our firm today for a confidential consultation with a skilled Houston Family Law Attorney to discuss your rights and create a path forward.
