Child conservatorship is one of the most discussed issues in any Texas divorce involving children. However, as important as this issue is, there is a widespread misunderstanding about what the court must—and must not—consider when deciding which parent should have legal custody of their children. Read on to learn more about child conservatorship in Texas and what courts take into account when making child conservatorship decisions.

What Is Child Conservatorship?

In Texas, “conservatorship” is the word that courts use when referring to the aspect of custody of a minor child dealing with decision-making power. “Possession” is the word that Texas uses when referring to the aspect of custody of a minor child dealing with which parent they are physically with and where they spend the night.

To have conservatorship over a child, you must obtain a court order. If you and your spouse divorce or separate and you do not have a court order, there is nothing stopping either parent from making a decision or taking possession of the child at any time.

Types of Child Conservatorships in Texas

Texas law provides for three types of conservatorships: sole managing conservatorship, joint managing conservatorships, and possessory conservatorships.

Sole Managing Conservatorship – A parent is awarded the complete ability to make all important decisions on behalf of a child without the need to consult with the other parent. If one parent is deemed as the sole managing conservator, it will usually name the other parent as a possessory conservator.

Possessory Conservatorship – A parent named as a possessory conservator does not have the right to make decisions that impact the child’s life but does have visitation rights.

Joint Managing Conservatorship – If a court names both parents as joint managing conservators, each parent has rights and obligations to care for the child. That said, the court may grant exclusive rights, such as the right to determine where the child will live, to one specific parent. Even if the court names both parents as joint managing conservators, it doesn’t guarantee equal access, as conservatorship doesn’t address the amount of time a parent is able to spend with a child, only whether they have the ability to make decisions that impact the child’s life.

How Do Texas Courts Make Conservatorship Decisions?

As is the case with most issues involving children, courts are guided by what is in the best interests of the child. In fact, courts must follow what is in the best interests of the child. The list of factors a court considers when determining what is in the best interests of a child is lengthy, but some of the most important factors include the following:

• Which parent was already handling more of the parenting role before the divorce;
• The emotional and physical danger to the child;
• The emotional and physical needs of the child;
• The parenting abilities of each parent;
• Whether there are any programs available to assist the parents in promoting the best interests of the child;
• Each parent’s plans for the child;
• Each parent’s home’s stability;
• Any acts of either parent that indicate a problematic parent-child relationship;
• Either parent’s reason for any concerning past behavior; and
• Depending on the child’s ages, the child can provide the Court with their preference (although the Court is not obligated to follow)

Of course, there are many other factors a court may consider. And often, parties raise issues on their own, without the court’s inquiry. Additionally, a court may consider other factors if there is a history of domestic abuse or family violence. For example, a court cannot name a parent as a joint managing conservator if there is “credible evidence” that the parent neglected the child or subjected the child or the other parent to physical or sexual abuse.

Do You Have Questions About Child Conservatorship in Texas?

While this blog post provides a good background on child conservatorship in Texas, chances are, if you are going through a divorce, you’ll have more questions. If so, reach out to the dedicated Austin family law attorneys at the Law Office of Jason Wright. At the Law Office of Jason Wright, our Texas child conservatorship attorneys are compassionate advocates who unceasingly pursue our client’s interests. We can help you understand your rights and what you can do to position yourself in the best possible light. To learn more and to schedule a consultation with a Texas family law attorney at our office today, call 512-884-1221. You can also reach us through our online contact form.