Is Conservatorship the Same as Custody in Texas?

 Posted on January 09, 2025 in Child custody

Residents of Texas may be aware that child custody is sometimes called "conservatorship." Other states often use this term to describe an incapacitated adult who requires another adult to make decisions on his or her behalf in the same way as a guardian but with fewer legal rights and responsibilities.  In Texas, however, the term conservatorship is used interchangeably with custody to describe the rights and responsibilities of parents.

There are three different types of conservatorships that a judge can give to parents during a divorce. If you are currently in the middle of a custody issue or will be facing this issue soon, having an experienced Hurst, TX family law attorney by your side can help make a difference in the outcome.  

The Three Types of Conservatorships in Texas

During the custody phase of a divorce, a judge may grant conservatorship to one or both parents in one of the following ways:

Sole Managing Conservatorship

Sole managing conservatorship gives one parent sole legal rights to make certain decisions for the couple’s child or children. The sole managing conservator can decide the child's primary residence, consent to medical treatments, make decisions concerning the child’s education, represent the child in legal actions, apply for, renew, and hold a child’s passport, and act as an agent of the child.

A sole conservator can also consent to marriage or enlistment in the armed forces for the child. A judge could grant sole conservatorship when the other parent has a history of neglect, family violence, drugs, alcohol, or criminal activity or has largely been absent from the child’s life. A sole conservatorship may also be granted when a history of conflict between the parents exists, particularly regarding religious, medical, and educational decisions.

Joint Managing Conservatorship

When parental rights and duties are shared by both parties, this is generally known as joint managing conservatorship, although this may not mean each parent will have equal possession of and access to the child. If a judge awards joint managing conservatorship, he or she may designate one parent as the custodial parent or primary joint managing conservator. The custodial parent may have the right to determine the primary residence of the child, while other decisions are made by both parents.

Before joint managing conservatorship is awarded, the judge must determine whether the child's best interests will be served through this arrangement and whether both parents can reach shared decisions regarding the child. The parents’ residences must also be geographically near one another for this to work, and children who are 12 or older may be able to have their preferences on which parent they live with considered.

Possessory Conservatorship

A parent designated as a possessory conservator has the same rights and responsibilities as the other parent but does not decide where the child will primarily live. In many cases, one parent will be designated as the possessory conservator, and the other will be designated as the sole managing conservator. This essentially means one parent has primary physical custody, but both parents make major decisions for the child.

Contact a Tarrant County, TX Child Custody Lawyer

Determining child custody is often a contentious matter between parents. When parents are unable to make custody and visitation decisions on their own, a judge will make those decisions for them. When you have a Hurst, TX child custody attorney as your advocate throughout the process, the outcome is more likely to be fair and balanced for all those involved. Attorney Bacalis is a Board-Certified Family Law Specialist, which benefits all aspects of family law issues. Contact Daniel R. Bacalis, P.C. at 817-498-4105 to schedule your free consultation.