How Does Custody Work in Texas?
When parents separate or divorce, one of the biggest questions they face is who will make decisions about their child’s life and where the child will live. In Texas, custody is legally known as conservatorship, and it doesn’t always mean a traditional sole custody or joint custody arrangement. Instead, Texas law defines different types of conservatorship, which determine who makes major decisions and who has physical possession of the child.
Understanding how conservatorship works can help parents navigate co-parenting, legal rights, and responsibilities while ensuring the best outcome for their child. This guide explains:
- The different types of conservatorship in Texas
- What rights both parents have—even if one is not the primary custodian
- How customized parenting plans can help parents create an arrangement that works best for their family
Standard Rights: What Every Parent Should Know
Regardless of whether one parent has primary custody (conservatorship) or not, Texas law ensures that both parents typically have important rights when it comes to their child’s upbringing.
What Rights Do Both Parents Have?
Even if one parent has primary conservatorship, both parents usually have the right to:
- Access school records (grades, attendance, disciplinary reports)
- Attend school activities (sports games, parent-teacher conferences, performances)
- Consult with medical professionals about their child’s health and treatment
- Be informed about the child’s well-being (education, medical care, extracurricular activities)
This means that even if one parent has less parenting time, they still have a legal right to be involved in the child’s life.
Customizable Arrangements: Creating a Parenting Plan That Works for Your Family
Texas courts encourage parents to work together to develop a parenting plan that fits their family’s specific needs. Instead of simply following the standard custody schedule, parents can create a more flexible and personalized agreement that works best for their child.
Why Consider a Custom Parenting Plan?
- It allows parents to balance work schedules, school activities, and travel.
- It provides more flexibility for holidays, vacations, and special events.
- It helps parents avoid rigid schedules that may not fit their child’s lifestyle.
While courts have default guidelines, they typically approve any reasonable parenting plan that both parents agree on—as long as it serves the best interest of the child.
Types of Conservatorship in Texas
Texas law recognizes three main types of conservatorship:
- Joint Managing Conservatorship (JMC) – Both parents share decision-making rights.
- Sole Managing Conservatorship (SMC) – One parent has exclusive decision-making power.
- Possessory Conservatorship (PC) – The non-custodial parent has visitation rights but less authority in decision-making.
Let’s break down each type.
1. Joint Managing Conservatorship (JMC)
What Is JMC?
In Texas, Joint Managing Conservatorship (JMC) is the most common custody arrangement. It means both parents share responsibility for making major decisions about the child’s life, such as:
- Education (choosing schools, tutoring, special programs)
- Medical care (surgery, major treatments, therapy)
- Religious upbringing (choosing a faith or religious practices)
What JMC Does NOT Mean
- JMC does not always mean 50/50 physical custody. One parent may still be the primary custodial parent (meaning the child primarily lives with them).
- Day-to-day decisions (such as bedtime, meals, or routines) are usually made by the parent who has the child at that time.
- One parent may still have the exclusive right to decide where the child lives (usually within a specific geographic area).
Example of a JMC Arrangement
“Even though both parents have decision-making power, one parent might still have the exclusive right to decide where the child lives. That doesn’t mean the other parent is uninvolved—it just means one home is the child’s primary residence.”
2. Sole Managing Conservatorship (SMC)
What Is SMC?
In a Sole Managing Conservatorship (SMC), only one parent has the exclusive right to make all major decisions regarding the child’s life. The other parent, known as the Possessory Conservator, still has visitation rights but may not have decision-making authority.
When Is SMC Awarded?
Courts typically award SMC in cases where one parent is unable to safely care for the child, such as when there is:
- Domestic violence or abuse
- Neglect or abandonment
- Substance abuse problems
- A history of criminal behavior
Example of an SMC Arrangement
“The court may decide that one parent should have the exclusive right to make major decisions if the other parent has a history of neglect or substance abuse. However, the other parent may still have scheduled visitation rights.”
3. Possessory Conservatorship (PC)
What Is PC?
A Possessory Conservator is the parent who does not have primary custody in an SMC arrangement. While they may not have final decision-making authority, they still have the right to:
- Spend time with the child according to a court-ordered schedule
- Be involved in school activities and receive important updates
- Express their input on certain decisions (but not necessarily make the final choice)
Example of a Possessory Conservatorship Arrangement
“The Possessory Conservator may not have control over big decisions like medical care or education, but they still have the right to spend time with their child and be part of their life.”
How Do Texas Courts Decide Conservatorship?
Texas courts always prioritize the best interest of the child when determining custody arrangements. The judge will consider:
- The child’s age, health, and emotional needs
- The ability of each parent to provide a stable home
- Any history of abuse, neglect, or domestic violence
- The child’s preference (if they are old enough to express an opinion)
Final Takeaways: Understanding Conservatorship in Texas
Custody in Texas isn’t just about where the child lives—it’s about who makes decisions and how both parents stay involved. Here’s what to keep in mind:
✔ Joint Managing Conservatorship (JMC) is the most common arrangement, where both parents share decision-making.
✔ Sole Managing Conservatorship (SMC) gives one parent exclusive decision-making power, usually in cases of abuse or neglect.
✔ Possessory Conservatorship (PC) allows the non-custodial parent to have visitation rights.
✔ Both parents usually have access to school and medical records, even if one is the primary conservator.
Need Legal Help?
Understanding Texas custody laws can be overwhelming, especially when trying to navigate conservatorship, visitation schedules, and decision-making rights. Whether you’re seeking to establish, modify, or enforce a custody order, having the right legal guidance is crucial.
Nida Din is an experienced family law attorney serving Austin and surrounding communities, helping parents protect their rights and create custody arrangements that serve the best interests of their children.