Child Custody in Texas

What is custody?
In Texas, the legal word for custody is “conservatorship.” The words "custody" and "conservatorship" describe your relationship with a child when there is a court order.

What if I don’t have a court order?
Legal custody can only be created by a court order. Without a court order, there is nothing for a judge to enforce. Each parent is free to take the child at any time.

What is a conservator?
A person with court ordered custody of a child is called a “conservator.”

• Joint Managing Conservator
• Sole Managing Conservator
• Possessory Conservator

What is a Joint Managing Conservator?
Texas law says that parents should usually be named Joint Managing Conservators. A joint conservatorship order means the parents share decisionmaking about most issues, including education and healthcare. It does not mean the child’s time is split equally between the parents. A possession order will say when each parent has the right to time with the child. Read this short article to learn more about possession orders: Child Visitation & Possession Orders.

In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives (usually within a certain geographic area). This parent is called the “custodial parent” and the child usually lives primarily with this parent. The other parent is called the “non-custodial parent.”

In some joint conservatorship orders, neither parent will have the exclusive right to decide where the child lives but the child’s residence will be restricted to a certain geographic area, like a school attendance zone or county.

The law says that parents should not be named Joint Managing Conservators if there is a history or pattern of violence by one parent against the other parent.

What is a Sole Managing Conservator?
When there is a good reason to do so, one parent (or sometimes a non-parent) can be named Sole Managing Conservator. A Sole Managing Conservator has the exclusive right to make most decisions about the child.

Reasons a judge might name a parent (or nonparent) Sole Managing Conservator include:

• family violence by the other parent
• child abuse or neglect by the other parent
• alcohol or drug abuse by the other parent
• absence of the other parent in the child’s life

What is a Possessory Conservator?
If one parent is named the Sole Managing Conservator, the other parent is usually named the Possessory Conservator. If a nonparent is named the Sole Managing Conservator, both parents will usually be named Possessory Conservators. A Possessory Conservator still has the rights of a parent, but will not have the final say on most decisions.

Will the judge consider family violence when making custody decisions in my case?
Yes. Texas judges must consider evidence of family violence when making decisions about custody and visitation. See Texas Family Code 153.004 and 153.005.

If the other parent has been violent or abusive, it’s important to talk with a lawyer about your case. You may be able to get free legal help. Call one of the organizations listed below for more information:

National Domestic Violence 24 Hour Hotline at 800-799-SAFE (7233) or
Crime Victims, 888-343-4414
In an emergency, call 911. Find out more in the Protection from Violence or Abuse section of this website.

How can I get a custody order?
Custody/conservatorship can be ordered by a judge as part of a:

• divorce case,
• suit affecting the parent-child relationship case (SAPCR case),
• paternity case, or
• family violence protective order case.

The Noe Gonzalez Law Group can help you with family law or custody matters. Contact us online or by phone at (956) 505-0141.

Article Source: https://texaslawhelp.org/article/child-custody-conservatorship