Types of Child Custody in Texas

At Sinclair Law Group PC, located in Rockwall, Texas, we’ve guided countless families through the often challenging process of resolving child custody issues. We know that this situation can feel overwhelming.

Our goal is to give you a clear understanding of how child custody works in Texas, from the different types of legal arrangements to how courts determine what’s in your child’s best interests. As child custody attorneys, we recognize that each case requires compassion, patience, and detailed knowledge of Texas law.

Our experienced firm is committed to taking the time to explain complicated legal concepts in everyday language, ensuring that you’re never left guessing about your next steps. This is your child’s future, after all, and we don’t take that lightly.

Breaking Down Conservatorship in Texas

When we talk about child custody in Texas, we’re actually discussing a concept known as “conservatorship.” In many states, “custody” is the widely used term, but Texas law uses the word “conservator” to refer to individuals who have certain rights and responsibilities toward a child.

A conservator stands in as a decision-maker, helping determine where the child lives, which school they attend, the type of medical care they receive, and other critical factors that impact a child’s upbringing. In child custody cases, there are different types of conservatorships that dictate the amount of decision-making authority one parent (or both) may have.

We know that comprehending legal definitions can be confusing, but it’s vital to understand these terms. Under Texas law, conservatorship breaks down into two primary categories: managing conservatorship and possessory conservatorship. 

Managing conservatorship focuses on the rights and responsibilities to make critical decisions for the child. Possessory conservatorship, on the other hand, relates more closely to the periods of physical possession and access to the child. 

Both roles are crucial, and they can be held by one or both parents, or even by a non-parent in certain unique cases. Understanding these roles forms the foundation for grasping the intricacies of child custody arrangements.

Sole Managing Conservatorship

Sometimes, a court may determine that it’s in the best interest of the child for one parent (or non-parent) to be appointed as the “sole managing conservator.” In these instances, that conservator is given the authority to make all major decisions regarding the child’s life without being required to seek input or approval from the other parent.

Why would a court consider awarding sole managing conservatorship? In cases where one parent has a history of family violence, child abuse, severe substance abuse, or a demonstrated inability to provide a safe and stable environment, the court may restrict that parent’s decision-making authority. 

We’ve seen scenarios where parents who’ve struggled significantly may still be allowed limited supervised visitation, but they’re not entrusted with critical decision-making rights. The primary objective of the court in these situations is always to protect the physical and emotional well-being of the child.

Being designated as a sole managing conservator gives a parent a certain degree of freedom and control, but it also comes with immense responsibility. We always remind clients that even though they may be awarded more autonomy, the child’s best interests remain paramount. 

Everything from educational choices to religious upbringing is guided by that principle. If you believe you deserve to be named the sole managing conservator, we’ll work closely with you to present the court with a comprehensive picture of your ability to provide a stable, nurturing environment.

Joint Managing Conservatorship

In many cases, Texas courts prefer to encourage both parents to remain actively involved in their child’s life. This is where “joint managing conservatorship” comes in.

With a joint managing conservatorship arrangement, both parents share in making major decisions for their child. However, this doesn’t necessarily mean that the child’s time is divided equally between the parents. 

Instead, joint managing conservatorship focuses primarily on decision-making responsibilities. For instance, both parents may have the right to discuss and decide upon the child’s medical treatments, educational paths, or extracurricular activities.

Joint managing conservatorship also involves compromise, cooperation, and consistent communication. We often explain to our clients that when both parents share these responsibilities, the likelihood of disagreements can increase. 

With proper planning, clearly outlined terms, and sometimes the help of professionals like mediators, many parents find this arrangement beneficial. It makes certain that both parents remain engaged and responsible, which can be incredibly positive for the child’s emotional health.

We’ve seen that children who maintain strong relationships with both parents often feel more secure, as they know both caregivers are invested in their well-being. Of course, not all parents can successfully traverse a joint arrangement. High-conflict situations or cases where communication between parents is severely strained may necessitate a different approach.

 If you believe a joint managing conservatorship arrangement best suits your family’s circumstances, we can help you craft a parenting plan that accounts for possible areas of conflict and provides a roadmap for future decision-making.

Possessory Conservators and Standard Possession Orders

Another important aspect of child custody in Texas involves the concept of “possession” and “access,” which is more about the time each parent spends with the child. When one parent is appointed as a sole managing conservator, the other parent often becomes a “possessory conservator.”

This means they have the right to spend time with the child according to a court-ordered schedule. Even in a joint managing conservatorship scenario, there needs to be a clear possession schedule so everyone knows where the child will be and when.

Texas law provides a “Standard Possession Order” (SPO) as a baseline template for dividing time between parents. The SPO typically applies in cases where the parents live within 100 miles of each other, and it sets a schedule that includes weekends, Thursday night visits during the school year, and specific holiday and summer arrangements. 

However, this is only a starting point. Families can negotiate and alter this schedule to better fit their particular circumstances, as long as the court finds those modifications to be in the child’s best interest.

When negotiating possession and access, we encourage parents to think carefully about their work schedules, the child’s extracurricular activities, and their proximity to one another. The goal is to create a routine that feels stable and predictable. 

While it might seem challenging at first, clear agreements help minimize future conflicts, allowing everyone to focus more on enjoying their time together and less on revisiting old arguments.

Factors Courts Consider When Determining Child Custody

As experienced child custody attorneys, we know that judges don’t make conservatorship decisions lightly. They carefully weigh many factors to determine what arrangement will best serve the child’s physical, emotional, and developmental needs. While each case is unique, certain considerations frequently arise in Texas courtrooms.

Some key factors courts consider include:

• The child’s emotional and physical needs, both now and in the future

• Each parent’s ability to provide a safe, stable environment

• The degree of involvement each parent has had in the child’s life prior to the custody case

• Each parent’s parenting skills and willingness to foster a positive relationship between the child and the other parent

• Any history of abuse, neglect, substance abuse, or domestic violence in either parent’s home

These factors highlight just how complicated child custody determinations can be. We understand that it’s challenging to present your parenting abilities and household environment in a way that truly captures your strengths, especially in a courtroom setting. 

That’s where our experience comes in. As a trusted child custody lawyer, we can help you prepare evidence, gather relevant records, and possibly enlist professional witnesses, such as counselors or therapists, who can support your case.

Non-Parent Conservatorship and Grandparents’ Rights

While most child custody cases involve a mother and a father, there are times when a non-parent steps in. Grandparents, aunts, uncles, other relatives, or even close family friends can sometimes be named as managing or possessory conservators if certain conditions are met. 

For grandparents specifically, Texas law provides possible pathways to gaining certain custody or visitation rights, though these avenues can be complicated and are often limited. Generally, grandparents may seek conservatorship if they can show that the child’s current environment is harmful or if the child has lived with them for a significant period. 

Pursuing custody as a non-parent means undergoing an intricate legal process, as courts tend to prioritize the child’s biological parents unless there’s a clear reason not to.

We’ve guided grandparents and other relatives through this process, helping them understand what evidence they need to present and how to prove that granting them rights aligns with the child’s best interests. While these cases can be emotionally fraught, they underscore the importance of prioritizing a stable, loving environment for the child.

Mediation and Collaborative Approaches

Resolving child custody disputes in court isn’t always the only option. In fact, mediation and collaborative law approaches can help parents reach agreements more amicably. When we bring up mediation, we’re talking about a neutral third party—often a trained mediator—who facilitates discussion between parents to help them find common ground.

Collaborative law takes a similar approach, but each parent still retains their own attorney. Everyone involved commits to resolving the issue without going to court, and if they fail, the attorneys involved must withdraw from the case. 

This structure encourages both parties to remain focused on mutual respect and cooperation. We often recommend these approaches for families who can still communicate civilly and wish to minimize the emotional toll on their children.

Of course, mediation and collaboration aren’t always feasible, especially in high-conflict scenarios or cases involving domestic violence or severe power imbalances. However, when possible, these processes can shorten the timeline, reduce costs, and foster more positive co-parenting relationships.

Enforcement and Modification of Child Custody Orders

Even the best-crafted custody arrangement can run into problems down the road. Parents’ lives change—work schedules shift, one parent moves to another city, or the child’s needs evolve. 

When the original court order no longer suits the family’s current reality, a modification may be necessary. To modify a custody order, we’ll need to present evidence that a “material and substantial change” in circumstances has occurred. This can be a challenging process, but it’s important if your family’s situation has drastically changed since the order was first issued.

On the other hand, what if one parent repeatedly violates the existing custody order? Perhaps they fail to show up for scheduled visits, refuse to return the child at the appointed time, or prevent the other parent from exercising their visitation rights. 

In those cases, enforcement actions may be necessary. Enforcement can involve going back to court to request sanctions against the non-compliant parent, or in extreme cases, law enforcement intervention may be warranted.

We know that dealing with modifications and enforcement can feel like reliving the trauma of the initial proceedings. However, these steps are sometimes crucial to maintain stability and make sure that the child’s interests remain at the center of any decisions. 

If you find yourself struggling with a custody order that no longer works or a co-parent who isn’t following the rules, we can help you traverse these next steps with confidence and determination.

Creating a Comprehensive Parenting Plan

A parenting plan is a document that outlines each parent’s rights, responsibilities, and time with the child. While the court ultimately decides custody, we’ve found that when both parents actively participate in creating a parenting plan, they often reach more cooperative solutions.

 A well-drafted parenting plan covers a range of details, from the daily schedule and holiday arrangements to how future modifications will be handled and how disputes will be resolved if they arise.

We encourage parents to be as specific as possible. Think about the child’s school schedule, extracurricular activities, doctor’s appointments, bedtime routines, discipline methods, and how you’ll handle travel plans. 

Consider how you’ll share information about the child’s progress, like report cards or health updates. The more details you include upfront, the fewer opportunities there will be for misunderstandings later on.

Key elements to consider in a parenting plan can include:

• A defined schedule for weekdays, weekends, holidays, and vacations

• Clear rules for communication between parents and with the child

• Procedures for making decisions about medical care, education, and special activities

• Conflict resolution methods, such as mediation or counseling, to address future disagreements

• Guidelines for introducing new romantic partners or significant changes in the child’s life

By working through these details before conflicts arise, you’re setting the stage for smoother co-parenting and reduced tension, which ultimately benefits the child. Our role is to help you think through every angle, making sure that you enter this new co-parenting phase fully prepared.

Preparing for Court and the Importance of Evidence

When negotiation and mediation don’t succeed, custody disputes often end up in a courtroom. We know that going to court can be intimidating, but thorough preparation can make a substantial difference in the outcome of your case. Presenting compelling evidence, organizing documents, and understanding courtroom procedures all matter. 

We recommend keeping meticulous records of your interactions with the other parent—every missed visitation, every communication attempt—so that when the time comes, you can provide the judge with a detailed and accurate account.

Evidence can include everything from report cards and medical records to testimony from teachers, counselors, or coaches who’ve observed your interactions with the child. In some cases, psychological evaluations or home studies might be required. 

We’ll work closely with you to develop a legal strategy that aligns with your goals while preserving your child’s best interests. Whether you’re seeking sole conservatorship, joint conservatorship, or modifying an existing order, preparation is key. 

Emphasizing the Child’s Best Interests

It’s easy to get caught up in the legalities and logistics of custody cases, but we never lose sight of the big picture: the best interests of the child. Texas law sets this as the ultimate guiding principle, and we fully embrace it. From the moment we begin working on your case, we’re focused on what will serve the child’s emotional, physical, and developmental well-being.

This principle helps us maintain perspective. Even when negotiations become tense and disagreements arise, remembering that the child’s happiness and safety are paramount can guide parents toward more constructive solutions. 

For example, a parent might be tempted to withhold visitation out of anger, but that decision could ultimately harm the child’s relationship with the other parent. By keeping the child’s interests front and center, parents are more likely to make choices that support long-term family health.

Our role isn’t just to advocate for your rights but also to remind you of this guiding principle. We’ll help you find ways to present your concerns to the court without alienating the other parent. We’ll assist you in building a custody arrangement that reflects your desire to see your child thrive, both now and in the years ahead.

Contact Us Today

We know child custody decisions shape your child’s future. Let’s work together to secure a stable, nurturing arrangement that supports your family’s well-being. Contact Sinclair Law Group PC so we can guide you through this process. We serve Kaufman County, Rockwall County, and Dallas County. Don’t wait—call us today.