The Importance of Understanding the Different Types of Custody in Texas

If you’re navigating a divorce in Texas with minor children in the home, understanding the different types of custody is vital. In this blog, we’ll explore the distinctions between sole managing conservatorship, joint managing conservatorship, and possessory conservatorship.

According to statistics gathered by the Center for Law and Social Policy (CLASP), in nearly two-thirds of all first-marriage divorces, there are minor children in the marital home. Divorcing parties can agree on children’s living arrangements and visitation, but the court often needs to intervene and make the final decision. When doing so, the court will always give priority to the best interests of the child.

Types of Child Custody: Sole Managing | Joint Managing | Possessory

Child custody, technically referred to in Texas as “managing conservatorship,” can take one of three types:

• Sole managing conservatorship—In this scenario, one parent will have the exclusive right to make decisions that affect the child’s welfare and well-being, including issues related to healthcare, education, religious training, and extra-curricular involvement. The child will also reside with that parent. The other (noncustodial) parent will usually have visitation rights.
• Joint managing conservatorship—The more common arrangement, and the one typically preferred by the courts, this scenario calls for both parents to work together to make decisions that are in the best interests of the child. In most situations, one parent will still have primary physical custody and the other parent will retain visitation rights.
• Possessory conservatorship—There may be situations where neither parent receives managing conservatorship. When a nonparent is granted sole managing conservatorship, each biological parent receives 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 Graham Family Law Help You Get The Right Type of Custody in a Texas Divorce

At Graham Family Law, we bring more than 20 years of experience to people in San Antonio and the surrounding communities who need proven divorce and family law counsel. Our skilled trial attorneys can protect your rights before a judge and jury. We also enjoy respect within the legal community for our ability to negotiate effective settlements for our clients. Let our expert knowledge of the types of child custody in Texas guide you.  Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of San Antonio, New Braunfels, Sequin, Helotes, Alamo Heights, Castle Hills, Balcones Heights, Converse, Shavano Park, Terrell Hills Boerne, Comfort and Floresville.

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