Custody disputes can be some of the most emotionally charged and complex legal battles a parent can face, especially when unfamiliar with the legal terms and processes involved. In Texas, child custody is referred to as “conservatorship,” and understanding the differences between joint and sole managing conservatorship is critical for any parent going through a custody dispute. Texas family law seeks to ensure that both parents have a fair opportunity to be involved in their child’s life while prioritizing the child’s best interests.

Here’s what every parent should know about conservatorship and how Texas courts make custody decisions.

Types of Conservatorship in Texas

Texas courts provide two primary types of conservatorship arrangements: joint managing conservatorship and sole managing conservatorship.

Joint Managing Conservatorship

Joint managing conservatorship is the default legal arrangement under Texas family law. This means that both parents share responsibility for the child’s upbringing and important decision-making, even if they no longer live together. The goal is to maintain a meaningful relationship between the child and both parents, recognizing that the child benefits from being raised with input from both sides.

While joint custody doesn’t necessarily mean equal time with the child, it ensures that both parents have a say in decisions about the child’s welfare. The decisions may include matters such as:

• Education: Where the child attends school and how they are supported in their learning environment.

• Healthcare: Choosing the child’s medical providers and decisions related to health, including surgeries or treatments.

• Religious Upbringing: How the child is raised in terms of religion and spiritual practices.

In this arrangement, both parents have the legal authority to participate in making these significant decisions about their child’s life. However, the time spent with the child may not be split equally between both parents, as the court focuses more on the ability of the parents to work together for the child’s benefit than on exact equality in time-sharing.

Texas courts generally favor joint managing conservatorship because of its focus on cooperation and shared responsibility. However, joint conservatorship is not guaranteed in all cases—particularly when one parent can prove that the other is unfit to participate in important decisions, or when joint managing conservatorship is not in the best interests of the child.

Sole Managing Conservatorship

Sole managing conservatorship is a more restrictive form of custody. In this case, one parent is granted the exclusive authority to make important decisions regarding the child’s welfare. The other parent may still have visitation rights but does not share in decision-making power.

Sole managing conservatorship is often granted when the court determines that one parent is unfit or incapable of making decisions that are in the child’s best interest. Several circumstances may justify the award of sole conservatorship, such as:

• Substance Abuse: If one parent has a history of drug or alcohol abuse, the court may determine that they are unable to make responsible decisions for the child’s health and welfare.

• Physical Abuse or Neglect: A history of abuse or neglect is a strong factor that could lead to sole managing conservatorship being granted to the other parent.

• Criminal Behavior: Parents who have been involved in criminal activities, especially those involving violence, may be seen as unfit to share in the responsibility for decisions that affect the child’s life.

• Mental Health Concerns: If one parent has severe mental health issues that prevent them from being involved in decision-making, this can impact the conservatorship arrangement.

Ultimately, the decision to grant sole conservatorship rests on the best interests of the child. The court must have clear evidence that shared decision-making would be harmful to the child or that the parent requesting sole conservatorship is the best fit for making decisions on behalf of the child.

The Best Interest of the Child Standard

When it comes to custody decisions, Texas courts operate under the principle that decisions must always be made in the best interest of the child. This is the fundamental guideline that judges use to determine conservatorship and visitation arrangements. There are many factors that the court will consider when evaluating what is in the child’s best interest.

Factors Considered by the Court

1. Emotional and Physical Needs of the Child: A child’s emotional and physical well-being is paramount. Courts look at which parent is more capable of meeting the child’s needs, such as providing a safe environment, emotional support, and stability.

2. Each Parent’s Ability to Provide for the Child: The court will consider whether each parent has the resources, time, and stability to meet the child’s needs. This can include evaluating financial stability, the ability to maintain a suitable living environment, and general caregiving capacity.

3. History of Abuse or Neglect: Any history of abuse, neglect, or other harmful behavior is taken seriously. If a parent has a history of abusive behavior or has been convicted of child abuse, this can heavily influence the court’s decision in favor of the other parent.

4. The Child’s Preference: In some cases, the court will consider the child’s wishes, especially if the child is old enough to express an informed preference. Texas law typically considers the child’s wishes if they are 12 years or older, although the court will assess whether the child’s preference is based on sound reasoning.

5. Parental Cooperation and Communication: Courts look favorably on parents who can cooperate in making decisions for the child’s welfare. A parent who is willing to work together with the other parent to make decisions in the best interest of the child is seen more favorably than one who is obstructive or unwilling to communicate.

6. Stability and Continuity: Stability in the child’s life is vital for their well-being. Courts tend to favor arrangements that keep the child in a familiar environment with established routines.

How to Improve Your Custody Case

If you are facing a custody case, there are several steps you can take to strengthen your case. Preparation is key to improving your chances of securing a favorable outcome. Here are some things to keep in mind:

1. Document Your Involvement in the Child’s Life

The more evidence you can provide to show your consistent and positive involvement in your child’s life, the stronger your case will be. Keep records of your interactions, such as school meetings, doctor’s appointments, and other important moments. Photos, emails, and text messages can also be helpful.

2. Show Your Willingness to Co-Parent

Courts generally prefer parents who demonstrate the ability to co-parent effectively. If you can show that you are willing to work with your child’s other parent for their benefit, it will strengthen your case for joint conservatorship. Even if you disagree with your ex-partner, it’s important to demonstrate a willingness to prioritize your child’s needs above personal conflicts.

3. Provide Evidence of a Stable Home Environment

A stable, secure home is a key factor in custody decisions. Courts will favor parents who can provide a nurturing and stable environment for the child. Make sure your living situation is stable, your finances are in order, and you can demonstrate that you are able to meet the child’s needs.

4. Prepare for Court

If you are seeking joint or sole conservatorship, or if you are attempting to modify an existing conservatorship order, it is crucial to prepare for court. Work with your attorney to ensure that you have all necessary documents, witnesses, and evidence to support your position.

Modifications to Custody Arrangements

Texas law allows for modifications to existing conservatorship orders if there has been a significant change in circumstances. For example, if a parent moves far away or if there has been a change in the child’s needs, a modification to the custody arrangement may be warranted.

To request a modification, the parent must demonstrate that the change is in the best interest of the child. A modification could include a change in the visitation schedule or a shift from joint conservatorship to sole conservatorship, depending on the situation.

Consult with an Experienced Family Law Attorney

If you are involved in a custody dispute, seeking the help of an experienced family law attorney can make a significant difference. A skilled attorney can help you navigate the legal complexities of Texas conservatorship laws, present a strong case, and fight for your parental rights.

Whether you are seeking joint or sole conservatorship, or you are looking to modify an existing arrangement, a knowledgeable attorney can provide guidance and representation every step of the way.