In Texas, child custody is formally referred to as “conservatorship.” Texas family courts emphasize that both parents should remain involved in the child’s life whenever possible, and custody is granted with the child’s best interests as the central focus. Texas law outlines two main types of custody: joint managing conservatorship and sole managing conservatorship.

1. Joint Managing Conservatorship (JMC)

In Texas, Joint Managing Conservatorship (JMC) is a legal arrangement where both parents share the rights and responsibilities of raising their child after a divorce or separation. This arrangement is based on the principle that children benefit most when both parents remain actively involved in their upbringing. While “joint” refers to shared decision-making authority, it does not necessarily mean equal physical possession or time spent with the child.

Legal Basis for JMC in Texas

Under Texas Family Code § 153.131, the court presumes that appointing both parents as joint managing conservators is in the best interest of the child. However, this presumption can be rebutted if evidence shows that such an arrangement would not serve the child’s best interest due to factors such as abuse, neglect, or inability to cooperate effectively.

Key Features of Joint Managing Conservatorship

Shared Parental Rights and Duties:

• Both parents share responsibilities such as:
  • The right to make decisions about the child’s education.
  • The right to consent to medical and dental care.
  • The right to manage the child’s finances.
• These rights can be exercised jointly or assigned exclusively to one parent for specific areas.

Primary Residence Determination:

• In most cases, one parent is given the exclusive right to determine the child’s primary residence. This is often referred to as the custodial parent or parent with primary custody.
• The other parent is granted possession and access according to a court-ordered schedule, often the Standard Possession Order (SPO) or a customized arrangement.

Decision-Making Authority:

• Certain rights, like consenting to medical treatments or making education-related decisions, may be exclusive to one parent or require joint agreement.
• Courts consider each parent’s ability to collaborate and make decisions in the child’s best interest.

Parental Responsibilities Under JMC

Parents in a JMC arrangement are expected to work together on major decisions affecting the child’s life. Responsibilities include:

Day-to-Day Care:

• Both parents share in providing daily care, but one parent typically has more possession time.

Health and Education:

• Decisions about the child’s healthcare, schooling, and extracurricular activities are made collaboratively or as assigned by the court.

Moral and Religious Guidance:

• Parents may jointly decide on the child’s moral and religious upbringing unless otherwise specified in the court order.

Financial Support:

• The non-custodial parent typically pays child support to the custodial parent, regardless of shared decision-making rights.

1. Sole Managing Conservatorship (SMC)

Sole Managing Conservatorship (SMC) in Texas refers to a legal arrangement where one parent is granted exclusive rights and responsibilities for making key decisions about a child’s life. This arrangement is typically ordered when the court determines that joint managing conservatorship (JMC) is not in the child’s best interest due to factors such as conflict, neglect, abuse, or other significant concerns.

Unlike JMC, SMC grants one parent primary authority over the child’s welfare, while the other parent may have limited or no rights to make decisions about the child.

Key Features of Sole Managing Conservatorship

Exclusive Parental Rights:

• The sole managing conservator (SMC) has exclusive rights to:
  • Make decisions regarding the child’s education.
  • Consent to medical and dental care.
  • Decide on the child’s primary residence.
  • Manage the child’s financial matters.
  • Represent the child in legal matters.

Possession and Access:

• The noncustodial parent (if granted access) may have possession and access rights, such as visitation, under a Standard Possession Order (SPO) or a custom arrangement.
• In severe cases, the noncustodial parent may be denied visitation or restricted to supervised visits.

Child Support Obligations:

• The noncustodial parent is typically ordered to pay child support, regardless of their level of access or involvement.

When is SMC Awarded?

The court grants SMC when it believes that shared decision-making (as in JMC) is not in the child’s best interest. Common reasons include:

Family Violence or Abuse:

• Evidence of domestic violence, child abuse, or sexual abuse by one parent automatically disqualifies them from being a joint managing conservator.

Neglect or Endangerment:

• A parent’s inability to provide a safe and stable environment due to neglect or endangering behavior, such as leaving the child unsupervised in dangerous conditions.

Substance Abuse or Addiction:

• If a parent has a history of drug or alcohol abuse that could harm the child’s well-being.

Parental Absence or Lack of Involvement:

• When one parent has been largely absent from the child’s life or has shown little interest in participating in their upbringing.

High-Conflict Parenting:

• Intense conflict between the parents that would make co-parenting impossible or harmful to the child.

Noncustodial Parent’s Role

The role of the noncustodial parent in SMC arrangements depends on the court’s findings:

Limited Possession and Access:

• The noncustodial parent may be granted visitation rights under strict conditions.
• In cases of danger or risk, visits may be supervised by a third party.

Communication Restrictions:

• The court may limit or prohibit the noncustodial parent from contacting the child if it deems such contact harmful.

Parental Rights Termination:

• In extreme cases, the court may terminate the noncustodial parent’s parental rights entirely.