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Custody decisions can shape a child’s daily life and a parent’s future. Texas courts use specific terms and rules that often confuse people going through a divorce or separation. If you’re preparing for a custody case, it helps to know the different types of custody in Texas. These arrangements affect how you share time, make decisions, and handle responsibilities with your child’s other parent.
What Custody Means in Texas
Texas law uses the term “conservatorship” instead of “custody.” A parent with conservatorship rights becomes a “conservator.” This doesn’t change what most people understand about custody—it still involves legal authority, responsibilities, and time with the child.
Texas courts divide conservatorship into two categories:
- Legal Custody (called “conservatorship”) – who makes decisions about the child’s life
- Physical Custody (called “possession and access”) – who the child lives with and how visits are scheduled
Types of Conservatorship in Texas
1. Joint Managing Conservatorship (JMC)
Most Texas courts prefer this option. In a Joint Managing Conservatorship, both parents share the rights and duties to make important decisions about the child’s life. These may include education, health care, religious upbringing, and more.
While both parents share legal authority, one may still have the right to determine the child’s primary residence. The court can also assign a visitation schedule to the other parent.
Key Facts:
- Encourages cooperation between parents
- Gives both parents equal rights in making major decisions
- One parent usually gets the exclusive right to decide where the child lives
- Does not always mean equal time with the child
2. Sole Managing Conservatorship (SMC)
In some cases, the court gives one parent the majority of legal rights. This parent becomes the Sole Managing Conservator. The other parent may receive limited rights or be named the Possessory Conservator, which allows for visitation but not decision-making authority.
Courts may assign sole conservatorship when:
- One parent has a history of family violence or abuse
- One parent has been absent or uninvolved
- The parents cannot cooperate at all
Responsibilities of the Sole Managing Conservator:
- Decide where the child lives
- Consent to medical and psychological treatment
- Make educational decisions
- Receive child support payments
Possession and Access: Physical Custody in Texas
While conservatorship focuses on decision-making, possession and access refer to the parenting schedule. The court outlines when each parent spends time with the child.
1. Standard Possession Order (SPO)
Texas law provides a Standard Possession Order as the default option for parents who live within 100 miles of each other. This schedule usually includes:
- First, third, and fifth weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended time during summer break
Courts may modify this schedule based on the child’s needs or the parents’ ability to agree.
2. Expanded Standard Possession Order
This schedule builds on the regular SPO by increasing time with the noncustodial parent. It often includes overnight visits on Thursdays and extended weekends. Courts allow this when both parents agree, or when they believe it benefits the child.
3. Custom Possession Order
Parents may agree to their own schedule. The court can approve it as long as it protects the child’s best interest. This option works well for parents who communicate effectively and want flexibility.
4. Supervised Possession
The court may order supervised visitation when concerns exist about a parent’s behavior, safety, or mental health. This arrangement allows visits to take place in a safe, monitored environment. It protects the child while allowing a relationship with the parent to continue under watch.
What Judges Consider When Assigning Custody
Texas courts focus on the child’s best interest. Judges look at many factors when deciding conservatorship and possession schedules.
These include:
- Each parent’s ability to care for the child
- The child’s emotional and physical needs
- Any history of abuse, neglect, or addiction
- The relationship between each parent and child
- The stability of each home environment
- How well the parents can cooperate
Older children may also express a preference, which the judge can consider, though it does not guarantee a certain outcome.
Can Custody Be Modified?
Yes. Custody orders can change when circumstances shift. If one parent moves, loses a job, remarries, or behaves in a harmful way, the other parent can ask the court to modify the order. Courts require strong reasons and clear evidence before they make changes.
Modifications can involve:
- Changing who decides where the child lives
- Adjusting the visitation schedule
- Increasing or decreasing decision-making power
- Addressing issues like safety or school performance
Parents can file a petition to modify an order anytime, but judges usually prefer to see a pattern of problems or significant changes before acting.
Rights of Noncustodial Parents
Even if one parent gets fewer rights or less time, they still have protections under Texas law. Noncustodial parents often retain rights to:
- Access medical, dental, and educational records
- Attend school activities
- Speak with doctors or teachers
- Make emergency decisions when the child is in their care
Courts rarely cut off a parent’s rights completely unless strong evidence shows it would harm the child.
How to Make Custody Work
Custody arrangements don’t just affect legal documents—they shape your child’s day-to-day life. Whether you co-parent smoothly or face conflict, the way you handle your custody order makes a lasting impact.
Tips for Success:
- Follow the court order exactly
- Document communication in writing
- Show up on time for visits
- Keep your child out of adult disagreements
- Use co-parenting apps or calendars to stay organized
- Talk to a lawyer before making changes
Final Thoughts
Understanding the different types of custody in Texas helps parents make informed decisions during a stressful time. Whether you’re seeking joint or sole conservatorship, building a custom possession schedule, or protecting your time with your child, knowing your rights gives you more control.
Every custody case is unique, but Texas courts always focus on what’s best for the child. The more prepared and respectful you are during the process, the more likely you’ll reach a fair outcome that works for your family.
Different Types of Custody in Texas FAQ
In Texas, the types of child custody are Joint Managing Conservatorship, Sole Managing Conservatorship, and Possessory Conservatorship.
The standard custody order in Texas, known as the Standard Possession Order (SPO), typically grants one parent primary physical custody while the other parent has visitation rights.
The best type of custody for a child depends on the specific circumstances of each family, but joint managing conservatorship is often preferred as it involves both parents in decision-making.
Sole custody in Texas, known as Sole Managing Conservatorship, grants one parent exclusive rights to make significant decisions about the child’s life without needing the other parent’s input.
Judges in Texas look for the child’s best interest, considering factors like the child’s physical and emotional needs, the stability of each parent’s home, and each parent’s ability to provide care and cooperate.
In Texas, a child aged 12 or older can express their preference to the judge in a private meeting, but the judge is not bound to follow the child’s wishes and will consider the child’s best interest.
