If you’re a parent going through a divorce or separation in Texas, knowing the legal terminology around child custody is essential to protecting your rights. Many parents use the term “joint custody,” but Texas law actually uses “joint managing conservatorship” as the legal term.
This distinction isn’t just semantics—it has real implications for your parental rights and responsibilities. Our family attorneys have helped parents manage Texas family law since 2002, ensuring they maintain meaningful relationships with their children.
Don’t risk your relationship with your children due to legal misunderstandings. Contact our experienced Texas family lawyers today for a free consultation.
What Is Joint Managing Conservatorship in Texas?
Joint managing conservatorship (JMC) is the legal framework that governs shared parental rights and responsibilities in Texas. Unlike what many people assume, JMC does not automatically mean a 50/50 physical split of time with the child.
Under Texas Family Code § 153.134, joint managing conservatorship establishes both parents as “conservators” with legal rights to participate in major decisions affecting their child’s life, even if one parent has the child for more time than the other.
A JMC typically grants both parents rights to:
- Access medical and educational records
- Consent to medical treatment in emergencies
- Attend school activities and parent-teacher conferences
- Be designated on emergency contact forms
- Consult with school staff and healthcare providers
💡 Joint managing conservatorship is the presumed arrangement in Texas courts unless evidence shows it would significantly impair the child’s physical health or emotional development.
JMC Rights Breakdown
| Right | Description | Always Shared? |
|---|---|---|
| Access to Records | Both parents can access medical, dental, educational records | ✅ Yes |
| Consent to Medical Treatment | Right to consent to medical, dental, surgical treatment | ⚠️ May be divided |
| Representation in Legal Matters | Right to represent the child in legal actions | ⚠️ May be divided |
| Educational Decisions | Right to make decisions concerning education | ⚠️ May be divided |
| Residence Determination | Right to designate primary residence of the child | ❌ Usually given to one parent |
What People Mean by "Joint Custody" in Texas
The term “joint custody” is commonly used by parents but has no formal legal definition in Texas statutes. When parents say “joint custody,” they typically mean:
- Shared decision-making authority (legal custody)
- Equal or near-equal time with the children (physical custody)
This misalignment between colloquial terminology and legal language often leads to confusion and unrealistic expectations.
The term “custody” encompasses both legal and physical custody in everyday language, but Texas law separates these concepts into “conservatorship” (legal authority) and “possession and access” (physical time).
Common Misconception: Many parents initially assume “joint custody” means an automatic 50/50 split of time with their children. In reality, Texas law makes clear that joint managing conservatorship focuses primarily on shared decision-making rights, while actual possession time is determined separately through possession and access schedules.
Key Rights of Joint Managing Conservators
Decision-Making Authority
Under Texas Family Code § 153.073, joint managing conservators typically share the right to make important decisions about their child’s life, though these rights can be allocated differently between parents. These decisions include:
- Educational choices (school selection, educational approach)
- Non-emergency medical care
- Religious upbringing
- Extracurricular activities
However, not all decision-making rights are automatically shared equally. The court may assign certain rights exclusively to one parent or require parents to make some decisions jointly.
Possession and Access
Physical time with the child (what many think of as “custody”) is governed by possession and access schedules in Texas. The standard possession order (SPO) outlined in Texas Family Code § 153.312 typically grants the non-residential parent:
- 1st, 3rd, and 5th weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended time during summer vacations
However, parents can agree to alternative schedules that better suit their circumstances, such as:
- Week-on/week-off arrangements
- 2-2-3 schedules (2 days with one parent, 2 with the other, then 3 with the first)
- Extended weekend arrangements
⚖️ Texas courts have the authority to create customized possession schedules when the standard schedule doesn’t serve a child’s best interest. This is particularly important in cases involving parents with rotating shift work, long-distance parenting, or other special circumstances that make standard possession orders impractical.
Possessory Conservatorship in Texas
When one parent is named the sole managing conservator, the other parent is typically appointed as a “possessory conservator.” This arrangement grants fewer legal rights than joint managing conservatorship.
A possessory conservator generally retains:
- Right to specified periods of possession and access
- Right to receive information about the child’s health, education, and welfare
- Right to confer with the other parent before decisions are made
However, they typically do not have equal say in major decisions affecting the child.
Comparison: Managing vs. Possessory Conservatorship
| Right or Responsibility | Joint Managing Conservator | Possessory Conservator |
|---|---|---|
| Access to Records | ✅ Full access | ✅ Full access |
| Major Decision-Making | ✅ Shared authority | ❌ Limited or no authority |
| Determining Primary Residence | ⚠️ One parent usually designated | ❌ No right |
| Possession Time | ✅ Standard or custom schedule | ✅ Usually standard schedule |
| Child Support Obligation | ⚠️ Typically paid by non-primary parent | ✅ Usually required |
Joint vs. Sole Managing Conservatorship
When Courts Favor Joint Managing Conservatorship
Texas Family Code § 153.131 establishes a presumption that appointing both parents as joint managing conservators is in the best interest of the child. Courts typically favor JMC when:
- Both parents have demonstrated involvement in their child’s life
- Parents can communicate and cooperate regarding the child
- There is no history of family violence, neglect, or substance abuse
- Both parents support the child’s relationship with the other parent
Texas courts increasingly recognize the importance of both parents remaining actively involved in a child’s life after divorce. In most cases we handle, joint managing conservatorship is granted unless significant issues exist with one parent.
When Sole Managing Conservatorship Is Granted
Despite the presumption favoring JMC, courts will order sole managing conservatorship when evidence shows joint conservatorship would not be in the child’s best interest. Common scenarios include:
- History of family violence or abuse
- Severe parental alienation
- Chronic substance abuse issues
- Mental health conditions that impair parenting ability
- Abandonment or severe neglect
💡 Texas courts will grant sole managing conservatorship when evidence clearly shows it’s in the child’s best interest. This typically requires documented evidence of issues like untreated substance abuse, a pattern of inappropriate caregiving decisions, or a demonstrated inability to provide a safe environment for the child.
Contact our skilled Family Law attorneys today to discuss your Texas custody options and build a strategy that protects your parental rights.
How Courts Decide Conservatorship in Texas
Key Factors Considered
Texas courts base conservatorship decisions on the “best interest of the child” standard, as established in the landmark case Holley v. Adams (1976). When determining conservatorship arrangements, judges consider:
- The child’s physical and emotional needs
- Each parent’s ability to prioritize the child’s welfare
- Stability of each parent’s home environment
- Each parent’s future plans for the child
- The child’s preference (if 12 or older)
- Geographic proximity of the parents’ residences
- Willingness of each parent to foster a relationship between the child and the other parent
Dallas-Fort Worth area family courts particularly emphasize co-parenting ability and willingness to facilitate the child’s relationship with the other parent when making conservatorship decisions.
Evidence Considered in Conservatorship Cases
The court may consider various forms of evidence when determining conservatorship arrangements:
- Testimony from parents, family members, and other witnesses
- School and medical records
- Reports from court-appointed evaluators or guardians ad litem
- Evidence of each parent’s involvement in the child’s daily activities
- History of each parent’s conduct and parenting
Modifying a Conservatorship Order in Texas
Life changes, and sometimes conservatorship orders need to be updated to reflect new circumstances. Under Texas Family Code § 156.101, a conservatorship order can be modified if:
- The modification would be in the child’s best interest, and
- There has been a material and substantial change in circumstances since the original order, or
- The child is at least 12 years old and has expressed to the court a preference for changing the primary residence, or
- The primary conservator has voluntarily relinquished care and possession for at least six months.
Common situations that may warrant modification include:
- Relocation of either parent
- Changes in work schedules or employment
- Remarriage
- New evidence of unfitness
- Child’s changing needs or educational requirements
⚠️ Warning: Attempting to modify a conservatorship order without strong evidence of changed circumstances can result in wasted time and money. Our attorneys will help evaluate whether your situation meets the legal threshold for modification.
Joint by Agreement vs. Independent Decision-Making
Many conservatorship orders require parents to make certain decisions “jointly by agreement.” While this sounds reasonable in theory, it can create practical challenges when co-parents struggle to communicate effectively.
The Problem with "Joint by Agreement"
When a court order requires joint agreement on decisions like education or healthcare, either parent can effectively veto the other’s preferences. This can lead to:
- Decision paralysis
- Increased conflict
- Multiple court appearances to resolve disputes
- Using the child as a bargaining chip
The Independent Decision-Making Alternative
A more practical approach often involves granting each parent independent decision-making authority in specific areas, with notice requirements to the other parent. For example:
- Parent A may have authority over educational decisions
- Parent B may have authority over extracurricular activities
- Both parents have independent authority to seek routine medical care during their possession time
- Major medical decisions require consultation but one parent has final authority
For parents with high-conflict relationships, an “independent with notice” decision-making arrangement can be more effective than joint decision requirements. This approach allows one parent to make decisions in specific areas but requires them to inform the other parent within a specified timeframe. This structure often reduces the need for court interventions while still keeping both parents informed.
Why Work with our Experienced Texas Family Law Attorney?
Managing Texas conservatorship law requires specialized knowledge that goes beyond what most online resources provide. At the Law Offices of Richard C. McConathy, we bring over 35 years of family law experience and a deep knowledge of Dallas-Fort Worth area family courts.
Our approach includes:
- Strategic planning to achieve your specific parenting goals
- Evidence-based advocacy that focuses on your child’s best interests
- Creative problem-solving for unique family situations
- Aggressive representation when necessary to protect your parental rights
Whether you’re establishing an initial conservatorship order or seeking to modify an existing arrangement, our team will fight to protect your relationship with your child.
Contact Our Texas Child Custody Lawyers Today
Knowing the difference between joint managing conservatorship and what most people think of as “joint custody” is just the first step in protecting your parental rights. Every family’s situation is unique, and cookie-cutter approaches rarely work in conservatorship cases.
At the Law Offices of Richard C. McConathy, we’ve been protecting parents’ rights in Dallas-Fort Worth area courts since 2002. Our skilled attorneys will help you get through this tough time and fight for a conservatorship arrangement that serves your child’s best interests, while protecting your parental rights.
Don’t leave your parent-child relationship to chance. Call us today at (972) 445-9909 or contact us online to schedule a consultation with one of our experienced family law attorneys.
Frequently Asked Questions
Can both parents have custody in Texas?
Yes, though Texas law uses the term “conservatorship” rather than “custody.” Both parents can be named joint managing conservators, sharing legal rights and responsibilities. Physical time with the child is governed by a possession and access schedule, which may or may not be equal, depending on the court’s determination of the child’s best interests and practical considerations like the parents’ work schedules and proximity to each other.
What is the difference between joint custody and sole custody?
In Texas legal terminology:
- “Joint managing conservatorship” (similar to joint legal custody) means both parents share decision-making rights and responsibilities
- “Sole managing conservatorship” (similar to sole legal custody) gives one parent the exclusive right to make most major decisions
For physical time with the child, Texas uses “possession and access” schedules rather than physical custody designations.
How is conservatorship decided in Texas?
Texas courts decide conservatorship based on the “best interest of the child” standard. Judges consider factors such as:
- Each parent’s ability to provide for the child’s physical and emotional needs
- The child’s need for stability
- Each parent’s parenting abilities and plans for the child
- The child’s preference (if 12 or older)
- Any history of family violence or substance abuse
There is a legal presumption favoring joint managing conservatorship unless evidence shows this arrangement would not be in the child’s best interest.
Can joint managing conservatorship be modified?
Yes, under Texas Family Code § 156.101, a joint managing conservatorship order can be modified if:
- The modification would be in the child’s best interest, AND
- There has been a material and substantial change in circumstances since the original order, OR
- The child is at least 12 years old and has expressed to the court a preference for changing primary residence, OR
- The primary conservator has voluntarily relinquished care and possession for at least six months.
Common “material changes” include relocation, remarriage, or significant changes in a parent’s circumstances that affect their ability to care for the child.