Conservatorship

In Texas, the legal concept of conservatorship determines how parents share rights, responsibilities, and decision-making authority over their children after separation or divorce. Unlike other states that use the term “custody,” Texas courts refer to parents as conservators, and each parent’s role is defined by a court order that outlines their duties, rights, and possession schedules. Understanding conservatorship is essential for parents who want to protect their relationship with their child and ensure a stable, safe environment.

Conservatorship laws in Texas focus on the best interest of the child, emphasizing the importance of stability, emotional wellbeing, and the involvement of both parents whenever possible. Whether you are seeking primary custody, shared parenting time, or protections from an unsafe situation, knowing the different types of conservatorship and how courts make their decisions will help you navigate the process with confidence.

What Is Conservatorship in Texas?

Conservatorship refers to the legal authority granted to parents to make decisions about their child’s life. These decisions typically involve:

• Education
• Medical care
• Psychological and mental health treatment
• Religious upbringing
• Extra-curricular activities
• Place of residence

The Texas Family Code divides conservatorship into two main categories: Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC). Each type determines how parents share rights and responsibilities.

Joint Managing Conservatorship (JMC)

Joint Managing Conservatorship is the most common arrangement in Texas. Courts prefer this structure because it allows both parents to remain actively involved in their child’s life. However, JMC does not mean equal parenting time. Instead, it means parents share the right to make major decisions.

Under JMC, parents may share rights such as:

• Consenting to medical, dental, and surgical treatment
• Accessing school and medical records
• Discussing educational decisions
• Entrusting care of the child to others
• Receiving information from the other parent

Even in JMC cases, the court usually designates one parent with the exclusive right to determine the child’s primary residence. This parent is often referred to as the “primary conservator.”

Sole Managing Conservatorship (SMC)

In Sole Managing Conservatorship, one parent receives most of the decision-making rights. Courts may grant SMC when shared decision-making is not safe or appropriate, such as when there is:

• Family violence
• Substance abuse
• Neglect
• A history of abandonment
• Significant instability
• Evidence that one parent is unfit

The Sole Managing Conservator has rights that may include:

• Deciding where the child lives
• Making medical decisions
• Managing educational choices
• Consenting to psychological treatment
• Receiving child support on behalf of the child

The other parent may be named a Possessory Conservator, which allows them visitation rights unless visitation is unsafe.

Possessory Conservatorship

A Possessory Conservator has limited rights and duties. This arrangement is used when the non-primary parent should still have access to the child but should not have full decision-making authority.

Possession schedules may vary depending on safety concerns, the child’s age, and the parent’s circumstances. In high-risk situations, visitation may be:

• Supervised
• Limited in duration
• Prohibited overnight
• Restricted to certain locations

Courts always prioritize the child’s emotional and physical safety.

Standard Possession Order (SPO)

Texas provides a Standard Possession Order, which guides visitation schedules. This order is presumed to be in the child’s best interest. It typically grants the non-custodial parent the following schedule:

• First, third, and fifth weekends
• Thursday evenings during the school year
• Alternating holidays
• Extended summer visitation

Parents can agree to modified schedules, and courts may adjust arrangements for young children, long travel distances, or special circumstances.

Parental Rights and Duties in Conservatorship

The rights and duties assigned by a conservatorship order define each parent’s legal responsibilities. These include:

• The duty to support the child
• The right to access school, medical, and dental records
• The right to make educational decisions
• The duty to protect and care for the child
• The right to consent to medical treatment
• The right to make decisions about the child’s moral and religious upbringing

Courts may assign rights:

• Exclusively to one parent
• Independently to each parent
• Jointly (requiring agreement)

Understanding these rights is essential to avoid misunderstandings and ensure each parent fulfills their responsibilities.

How Courts Determine Conservatorship

When parents cannot agree on conservatorship terms, the court evaluates several factors to determine what is in the child’s best interest. These include:

• The child’s physical and emotional needs
• Each parent’s ability to provide a stable environment
• The history of parental involvement
• The child’s preferences (if age 12 or older)
• Parental cooperation and communication
• Any history of abuse, neglect, or violence
• The stability of each parent’s home

The court avoids arrangements that expose the child to conflict, danger, or emotional harm.

Modifying a Conservatorship Order

Life changes, which means conservatorship orders can be modified when circumstances justify it. Parents may request a modification if:

• A parent relocates
• The child’s needs change
• A parent’s lifestyle becomes unsafe
• A parent fails to follow the existing order
• The child (age 12+) expresses a preference
• A parent gains or loses employment
• A parent develops substance abuse or mental health issues

Modifications must be approved by the court. Informal agreements between parents are not enforceable until they are officially modified.

Enforcing Conservatorship Orders

When a parent violates a conservatorship order, the other parent may ask the court to enforce it. Violations may include:

• Withholding visitation
• Failing to follow the possession schedule
• Interfering with communication
• Refusing to share information about the child
• Failing to return the child on time

Enforcement tools may include:

• Makeup visitation
• Contempt of court
• Fines
• Jail time in extreme cases

Legal representation helps ensure your rights are upheld and violations are properly documented.

Conservatorship and Child Support

Although related, conservatorship and child support are separate issues. A parent cannot deny visitation because child support was not paid, and payments cannot be withheld because of disagreements over custody. Courts manage both issues independently to avoid harming the child.

Conclusion

Conservatorship in Texas establishes how parents share rights, duties, and responsibilities for raising their children. Whether parents cooperate or face significant conflict, the court’s primary focus is always the child’s best interest. Understanding the differences between Joint Managing Conservatorship, Sole Managing Conservatorship, and Possessory Conservatorship helps parents make informed decisions and navigate the legal process with confidence.

Because conservatorship cases can be emotionally overwhelming and legally complex, having the right legal representation is essential. Attorney Kevin Acevedo of Ace Law provides dedicated guidance, strong advocacy, and a clear understanding of Texas family law to help protect your parental rights and ensure the best possible outcome for your child. With Kevin Acevedo on your side, you can move forward with clarity, confidence, and the peace of mind that your child’s wellbeing is the top priority.