Custody and Conservatorship in Texas

Instead of "custody," Texas uses the term "conservatorship" to refer to parents' rights and duties concerning their child. Here's a breakdown:

Types of Conservatorship

• Managing Conservatorship: This is more commonly understood as having custody. The managing conservator makes major decisions about the child's upbringing (like where they live, their education, and medical care).
• Possessory Conservatorship: This parent usually has visitation rights and duties, such as supporting the child's education, and typically pays child support.
• Variations
• Sole Managing Conservatorship: One parent holds all managing conservator rights and duties, while the other has the rights and duties of a possessory conservator.
• Joint Managing Conservatorship: Both parents share some rights and duties, though one is typically designated as deciding the child's primary residence. This doesn't necessarily mean a 50/50 custody split.

Possession and Access (Visitation)

"Possession and Access" is the legal term for visitation. It outlines when and how each parent spends time with the child.

• The judge issues a possession schedule detailing the specific days and times each parent has the child, covering weekends, holidays, and vacations.
• This schedule is based on the best interest of the child, taking into account factors like the parents' work schedules, the child's school, and the distance between the parents' homes.

Determining Custody and Visitation

Texas courts prioritize the best interest of the child above all else. They consider numerous factors:

• The child's physical and emotional needs
• Each parent's ability to care for the child
• Any history of family violence
• The child's wishes (if they're old enough to express them)

To make informed custody decisions, courts may use professional evaluations:

• Custody Evaluations: Conducted by mental health professionals, these evaluations involve meetings with the parents, the child, and potentially other family members. The evaluator then offers recommendations to the judge regarding custody and visitation.
• Social Studies: These may be ordered and involve social workers visiting the parents' homes, interviewing those familiar with the family, and recommending the best living situation for the child.
• Modification

Custody and visitation orders can be modified if circumstances change. A judge may change an order if, for example, one parent moves, changes jobs with a significantly different schedule, or if concerns about the child's safety with one parent arise.