Child Custody

A suit for child custody, formally known as a suit for conservatorship in Texas, establishes who will make decisions for a child and who will have rights of possession and access to the child. The ability to make decisions for the child is also known as legal custody. The right to have access and possession of the child is also known as physical custody and visitation.

There are two types of conservatorship in Texas; Managing Conservatorship and Possessory Conservatorship. A Managing Conservator is a person designated by the Court who has the ability to make decisions for the child. A Possessory Conservator is a person designated by the Court who has the right to possess the child during certain periods of time and during those periods may exercise certain rights of a parent.

Managing Conservatorships

There are two types of Managing Conservatorships in Texas; Sole Managing Conservators and Joint Managing Conservators. A Sole Managing Conservator is a person who has the exclusive power to make certain decisions for a child.

Joint Managing Conservators share in making decisions for the child. However, it is important to note that not all Joint Managing Conservator rights are divided equally. In some cases a person may be designated as a Joint Managing Conservator by the Court, but have very limited rights to make decisions for the child. It is therefore critical to hire a knowledgeable attorney to assist in protecting your rights when facing a child custody matter.

Primary Custody/Possession

A person or parent with the exclusive right to designate the primary residence of the child but shares other rights is known as the Primary Joint Managing Conservator. This right is sometimes limited to the county where the suit is pending or the county where the suit is pending that those counties that share its borders. The right to designate the primary residence of the child is perhaps the most important right that a parent can exercise.

Non-Primary Custody/Possession and Visitation

A Non-Primary Custodian does not have the right to designate where the child resides. Instead, this person has the right to possession and access to the child during designated periods. Possession periods have also been known as visitation periods or a visitation schedule. The periods of time when the Non-Primary Custodian has the right of possession and access to the child are defined in the Standard Possession Order. Because the Standard Possession Order may be modified by the parties or the Court during negotiations, it is extremely important to have qualified legal advice in order to protect your rights. This is particularly important if the parents are unable to agree on periods of possession.