In Texas, what most people call ‘custody’ is referred to in the law as conservatorship. There are two main aspects: who has the right to make important decisions about the child (legal custody), and where the child primarily lives (physical custody).
Types of Conservatorship
Texas courts recognize two forms of conservatorship:
- Joint Managing Conservatorship (JMC): This is the most common arrangement in Texas. Both parents share the rights and duties of raising the child. It does not necessarily mean equal time with the child — it focuses on shared decision-making.
- Sole Managing Conservatorship (SMC): One parent is granted the exclusive right to make most major decisions for the child. This is typically ordered when the court finds that joint conservatorship would not be in the child’s best interest, such as in cases involving family violence or substance abuse.
The “Best Interest of the Child” Standard
In every custody determination, Texas courts focus on the best interest of the child. Factors the court may consider include:
- The child’s emotional and physical needs, now and in the future
- Each parent’s ability to provide a stable, loving environment
- The child’s relationship with siblings and extended family
- Any history of family violence or abuse
- The child’s own preferences, if the child is 12 years of age or older
- Each parent’s willingness to support the child’s relationship with the other parent
Possession and Access (Parenting Time)
Texas uses a Standard Possession Order (SPO) as a baseline for how parenting time is divided. Under the SPO, the non-primary parent typically has the child on the 1st, 3rd, and 5th weekends of each month, alternating holidays, and an extended period in the summer. Courts can modify these arrangements based on the family’s specific circumstances and the child’s needs.
Call Jane Gekhman at (940) 222-6014 if you are going through a family law matter. We can help.