If you’re a Texas parent who’s planning to divorce this year, the agreements and orders related to your children are likely your main focus. It’s smart to learn as much as you can about Texas laws related to child custody and support.
This starts with understanding the terminology, which is different than in most other states – and more descriptive. Under Texas law, what most people refer to as “physical custody” is called “possession of and access to the child.” What is generally known as
“legal custody” is called “decision-making” authority or responsibility over things like education, health care and religious training.
Types of conservatorship
Texas statutes also use the word “conservatorship” to refer to the overall care of a child (both physical possession and decision-making responsibility). The two leading types of child conservatorship are joint managing conservatorship (JMC) and sole managing conservatorship (SMC).
Most divorced parents have a JMC arrangement and are both joint managing conservators. Texas law assumes that this is in the child’s best interests unless there’s evidence to the contrary – such as a parent’s history of domestic violence, substance abuse or mental illness. In that case, sole managing conservatorship (SMC) may be ordered. One parent may also agree to the other being the child’s sole managing conservator if they choose not to remain in their child’s life.
Just as with physical and legal custody, sometimes both parents have possession and access rights to their child, but only one is granted decision-making authority. This is a possessory conservatorship (PC), and the parent who has both types of rights is called a possessory conservator. This may be the arrangement, for example, when a child lives with a parent most of the time because the other parent lives some distance away.
Understanding these and other legal terminology is crucial to fully understanding your parental rights and options during divorce. Of course, having experienced legal guidance can help you protect your parental rights and your child’s best interests.