When Texas parents separate or divorce, one of the most important questions they face is how parenting responsibilities will be divided. The terms “custody” and “conservatorship” are often used interchangeably, but under Texas family law, they have distinct meanings that can affect your rights and relationship with your child.
Understanding these terms is essential for any parent going through a divorce or custody dispute in Texas — and knowing how the law views them can help you make informed decisions for your family.
What Is Conservatorship in Texas?
Texas doesn’t technically use the term custody. Instead, the Texas Family Code uses the word conservatorship to describe a parent’s rights and duties regarding their child.
Conservatorship determines who can make important decisions about a child’s upbringing, including education, healthcare, religion, and overall welfare.
There are two main types of conservatorship in Texas:
1. Joint Managing Conservatorship (JMC)
Texas law presumes that appointing both parents as Joint Managing Conservators (JMCs) is in the best interest of the child.
Under a JMC arrangement:
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Both parents share the rights and responsibilities of raising the child.
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Each parent has an equal voice in major decisions about the child’s life.
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One parent is typically designated as the primary managing conservator, meaning the child primarily lives with them and that parent decides the child’s primary residence.
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The other parent usually receives a Standard Possession Order (SPO) or Expanded SPO, defining visitation and parenting time.
A JMC does not necessarily mean equal physical time with the child — it means shared decision-making authority.
2. Sole Managing Conservatorship (SMC)
In some cases, the court may name one parent as the Sole Managing Conservator (SMC) and the other as a Possessory Conservator.
The Sole Managing Conservator has the exclusive right to make important decisions for the child, including:
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Where the child lives
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Education and medical decisions
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Psychological or psychiatric care
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Consenting to marriage, enlistment, or legal proceedings on behalf of the child
Courts may grant an SMC if there is a history of family violence, neglect, substance abuse, or other factors showing that shared decision-making is not in the child’s best interest.
What About “Joint Custody”?
While the term “joint custody” is common in conversation, it’s not a legal term in Texas statutes. When people say joint custody, they usually mean joint managing conservatorship — both parents sharing rights and responsibilities.
However, joint custody can refer to two separate concepts:
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Joint legal custody → In Texas, this means joint conservatorship (shared decision-making).
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Joint physical custody → Refers to how much time each parent spends with the child (governed by the possession schedule).
So, a parent can share joint conservatorship but still have less than 50% physical time. The terms can overlap, but it’s important to distinguish between decision-making power and physical possession.
How Courts Decide Conservatorship in Texas
Texas courts base conservatorship decisions on the “best interest of the child” standard. Judges consider factors such as:
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Each parent’s ability to care for and meet the child’s needs
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Emotional and physical stability of each home environment
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Each parent’s past involvement in the child’s life
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The child’s preference (if 12 years or older, the court may consider their wishes)
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Any history of abuse, neglect, or substance misuse
Unless there are safety or stability concerns, courts typically favor joint managing conservatorship because maintaining strong relationships with both parents is presumed to be beneficial for the child.
Possession and Access (Visitation)
Even when parents are named joint managing conservators, one parent is usually given the right to determine the child’s primary residence. The other parent receives scheduled parenting time through a Standard Possession Order (SPO) or a modified arrangement that fits the child’s needs.
An Expanded SPO allows for more frequent and extended visitation, which can approach a near 50/50 time split if both parents live close enough to each other.
Modifying Conservatorship or Custody Orders
Conservatorship or possession orders can be modified if circumstances change significantly — for example:
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A parent relocates or changes jobs
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The child’s needs evolve
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There is evidence of neglect or unfit parenting
Parents can request a modification through the court, but must show that the change is in the child’s best interest and that a “material and substantial” change in circumstances has occurred.
Why Legal Guidance Matters
Because the distinction between conservatorship and custody affects your parental rights, financial responsibilities, and parenting time, it’s essential to work with an experienced Texas family law attorney.
At Grimes & Fertitta, our attorneys help parents understand the law, protect their rights, and create custody arrangements that truly serve their children’s best interests.
Call for a Consultation
If you’re facing questions about conservatorship, custody, or visitation in Texas, our team can help you find clarity and solutions that protect your family.
Call 713-224-7644 or contact Grimes & Fertitta online
