When parents divorce or separate in Texas, one of the key decisions the court must make is about legal custody, or what Texas law refers to as conservatorship. This involves determining which parent (or both) will have the right to make important decisions about the child’s life—such as education, healthcare, and general welfare.
At Haugen Law Firm, P.C. we work closely with families across Denton County, Collin County, Cooke County, Dallas County, and Tarrant County to protect parental rights and promote the best interest of the child. Here's a clear look at how Texas courts decide legal custody.
What Is Managing Conservatorship?
In Texas, “managing conservatorship” refers to the legal rights and responsibilities each parent has. There are two primary types:
- Joint Managing Conservatorship (JMC)
- Sole Managing Conservatorship (SMC)
Joint Managing Conservatorship (JMC)
In most cases, Texas courts favor Joint Managing Conservatorship, where both parents share rights and responsibilities regarding the child’s upbringing. This does not necessarily mean equal time with the child—but rather joint authority over key decisions.
Typical features of JMC:
- Both parents share in major decision-making
- One parent is usually designated as the primary conservator (with the exclusive right to determine the child's primary residence)
- The other parent typically receives a standard possession order (visitation)
Courts presume JMC is in the child’s best interest unless proven otherwise.
Sole Managing Conservatorship (SMC)
In cases where one parent is unfit or unavailable, the court may award Sole Managing Conservatorship. This gives one parent the exclusive right to make important decisions for the child.
Courts may grant SMC when:
- There’s a history of abuse, neglect, or domestic violence
- One parent is absent or refuses to co-parent
- A parent struggles with addiction or mental health issues
- It is in the best interest of the child
The Child’s Best Interest Always Comes First
Regardless of whether conservatorship is joint or sole, Texas courts base their decision on one key principle: What is in the best interest of the child?
This includes considering:
- Each parent’s ability to care for the child
- Emotional and physical needs
- The child’s preferences (if 12 or older)
- Stability of each home environment
- History of conflict, abuse, or neglect