Sole Managing Conservatorship vs. Joint Managing Conservatorship vs. Possessory Conservatorship
If you have filed for or are a party to a divorce in Texas and you have minor children living in the marital home, you need to understand the different types of custody in Texas. In this blog, we’ll carefully explain the differences between sole managing conservatorship, joint managing conservatorship and possessory conservatorship, so that you know your options and can protect your rights.
Why It’s Important to Know the Different Types of Custody in Texas
According to the Center for Law and Social Policy (CLASP), approximately two-thirds of all first-marriage divorces involve parents with minor children. Of course, the parents can always agree as to the terms of custody and visitation. In those situations where the parties cannot find an amicable solution, the court will need to get involved and make the determination. When resolving such issues, the court must give priority to the best interests of the child.
What Types of Child Custody Arrangements Can the Court Order in Texas?
Technically, the courts in Texas does not use the term “custody.” What other states commonly call custody is known in Texas as “managing conservatorship. The courts generally have three options with respect to managing conservatorship:
- Sole managing conservatorship—With this approach, one parent has both exclusive possession of the child at all times, as well as the exclusive right to make decisions that affect the welfare and well-being of the child, including issues related to healthcare, education, religious training and extra-curricular involvement. The other (noncustodial) parent will typically have visitation rights.
- Joint managing conservatorship—The more common arrangement, and the one typically preferred by the courts, allows both parents to participate in making decisions about the child’s welfare and well-being. In most situations, though, one parent will still have primary physical custody and the other parent will retain visitation rights.
- Possessory conservatorship—This approach is rarely used, typically only in situations where neither biological parent is granted managing conservatorship. When a nonparent is granted sole managing conservatorship, the biological parents will each receive a possessory conservatorship, which conveys a right of visitation. The court will typically establish the terms of such an arrangement in a “Standard Possession Order.”
Let DTX Family Law Help You with Any Type of Custody Issue
At DTX Family Law, we always put your interests first. We know that effectively resolving custody matters after a divorce can be challenging. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our new website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties