Parent Rights in Texas

Conservatorship, not custody

Texas does not use the word “custody.” The Texas Family Code uses conservatorship to describe the legal relationship between a parent and child. There are two types of conservators:

• Managing conservator — Has the right to make decisions about the child's life, including education, medical care, and residence
• Possessory conservator — Has the right to possession and access (time with the child) but typically does not make major decisions

Joint managing conservatorship vs. sole managing conservatorship

Joint managing conservatorship (JMC)

Texas law presumes that joint managing conservatorship is in the best interest of the child (§ 153.131). Both parents share rights and duties, though the order will specify which decisions require agreement and which one parent can make alone. JMC does not mean equal possession time — that is a separate determination.

Sole managing conservatorship (SMC)

A court will appoint one parent as sole managing conservator if the other parent has a history of family violence, child abuse, neglect, or other conduct that makes JMC not in the child's best interest (§ 153.004). The SMC has exclusive rights to make decisions for the child.

Rights and duties of a managing conservator

Under § 153.132 and § 153.371, a managing conservator typically holds:

• The right to designate the child's primary residence
• The right to consent to medical, dental, and psychiatric treatment
• The right to enroll the child in school
• The right to consent to marriage or military enlistment for a minor child
• The right to make decisions about the child's religious upbringing
• The duty to provide the child with clothing, food, shelter, and medical care

Possession and access

Texas uses possession and access rather than “visitation.” The court enters a possession order specifying when each parent has physical time with the child. If the parties cannot agree, the court typically applies the Standard Possession Order (SPO) under § 153.252 as the default schedule.

Children age 12 and older

Under § 153.009, a child who is 12 years of age or older may sign a statement of preference indicating which parent they want to have primary possession. The judge must interview the child if either party requests it, but the judge is not bound by the child's preference. The best-interest standard always controls.

Best-interest factors

Texas courts weigh the “best interest of the child” using factors established in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976):

• The child's desires
• The child's emotional and physical needs now and in the future
• Emotional and physical danger to the child now and in the future
• The parenting abilities of the parties seeking conservatorship
• Programs available to assist the parties in promoting the child's best interest
• The plans each party has for the child
• The stability of each parent's home
• Acts or omissions that indicate the parent-child relationship is not appropriate
• Any excuse for the parent's acts or omissions