Understanding the Different Types of Custody in Texas

Sole Managing Conservatorship | Joint Managing Conservatorship | Possessory Conservatorship

If you are involved in a divorce proceeding in Texas and there are minor children in the marital home, it’s essential that you understand the different types of custody in Texas. In this blog, we’ll take a closer look at the differences between sole managing conservatorship, joint managing conservatorship and possessory conservatorship.

The Importance of Understanding the Different Types of Custody in Texas

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. The parties to a divorce can always agree as to where the children will live and what visitation will look like, but the court will often need to get involved and make the determination. When doing so, the court will always give priority to the best interests of the child.

What Are the Different Types of Child Custody in Texas?

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

• Sole managing conservatorship—Under this scenario, one parent will be granted 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 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 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 Graham Family Law Help You Protect Your Custody Rights in a Texas Divorce

At Graham Family Law, we bring more than 20 years of experience to men and women in San Antonio and the surrounding communities who need proven divorce and family law counsel. We are skilled trial attorneys who can protect your rights before a judge and jury. We are also respected within the legal community for our ability to negotiate effective settlements for our clients. 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