Texas law assumes that most parents will be named joint managing conservators of their children (joint custody). It is the public policy of Texas to ensure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; to provide a safe, stable, and non violent environment for the child; and to encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage. However, if the court finds that naming both parents as joint conservators is not in the best interest of the child, another form of custody will be ordered.

Joint Managing Conservatorship (JMC): In a joint managing conservatorship, both parents are able to make decisions regarding issues such as education, religious upbringing, medical care, etc. Although both parents share in the decision making, one parent will typically be named as the “Primary” JMC. The primary JMC is the parent who gets to decide where the child lives. In addition to having the right to determine the residence of the child, the primary JMC is also entitled to collect child support from the other parent.

Sole Managing Conservatorship (SMC): In a sole managing conservatorship, one parent is appointed to make all the major decisions regarding the child's upbringing, including where the child will live. Naming one parent as the SMC is usually done when the court finds that joint custody is not in the best interests of the child.

Possessory Conservatorship (PC): The Possessory Conservator is the non-custodial parent. The child does not live with the PC, however, the PC is entitled to visitation. The PC is also responsible for paying child support, and in most cases, providing health insurance.

FREQUENTLY ASKED QUESTIONS

Q: How can I get the custody and/or visitation provisions of my divorce decree changed?

 A: By filing a Motion to Modify

Q. My child wants to come live with me. What should I do?

A. Children who are 12 or older may designate in writing which parent they want to live with. The court does not have to agree and can make the child stay where they are. If both parents agree and the child signs the statement, then the court will usually go along with everyone’s wishes. If there is an existing court order, file a motion to modify to ask the court to change the order.

Q. If everyone agrees that my child should come live with me, do we have to go back to court?

A. Yes. It would not be a difficult process if everyone agrees, but it is still necessary. Until the court signs a new court order, you are still responsible for paying child support and the custodial parent can still demand the return of the child.

Q. There has been physical violence during our relationship. Can this be used against a parent even if the children were never abused or injured?

A. Yes. Acts of violence are taken very seriously by the courts. If one parent was physically violent with the other parent, even if the children were never hurt, this can be used as a basis to restrict custody or visitation with the children.

Q. How does a court decide which parent will get custody of a child?

A. When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers:

• The child's age;
• The child's gender;
• The child's physical and mental health;
• The parents' physical and mental health;
• The parents' lifestyles;
• Any history of abuse;
• The emotional bonds between the parent and the child;
• The parent's ability to give the child guidance;
• The parent's ability to provide the basic necessities, such as food, shelter, clothing, and medical care;
• The child's routines, including home, school, community, and religious;
• The willingness of the parent to encourage a healthy, on-going relationship between the child and the other parent; and
• If the child is above a certain age, the child's preference.