Conservatorship
Who holds which parental rights and duties.
Conservatorship is about decisions, not overnights
Conservatorship is the bundle of parental rights and duties: who decides on schooling, on non-emergency medical care, on psychiatric treatment, who can access records, who holds the right to determine the child's primary residence. Texas starts from a rebuttable presumption that naming both parents joint managing conservators is in the child's best interest (Tex. Fam. Code § 153.131).
Joint managing conservatorship does not mean equal time. It is common for parents to be joint managing conservators while one holds the exclusive right to determine primary residence and the other has a possession schedule. Parents who hear "joint" and assume "half" are frequently surprised, and that surprise is usually avoidable with a clear explanation early.
How This Plays Out in Practice
Who holds which parental rights and duties. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
Does Texas favor mothers in custody cases?
No. Texas Family Code § 153.003 prohibits the court from considering the sex of a parent or the child in determining conservatorship. The governing standard is the best interest of the child under § 153.002, and § 153.131 creates a rebuttable presumption that appointing both parents joint managing conservators serves that interest.
Does joint custody mean equal time?
No. Joint managing conservatorship under Texas Family Code § 153.131 allocates decision-making rights and duties between the parents. It is separate from the possession schedule. Parents are commonly named joint managing conservators while one holds the exclusive right to determine the child's primary residence and the other exercises a possession order.
Can my 12-year-old decide which parent to live with?
A child cannot decide, but a child 12 or older has a right to be heard. Under Texas Family Code § 153.009, on a party's application the judge must interview a child 12 or older in chambers about conservatorship or about who determines primary residence. The judge weighs the child's wishes alongside every other best-interest factor and is not bound by them.
Can I stop visitation if my ex is behind on child support?
No, and doing so puts you in violation of the order. Texas Family Code § 153.001(b) forbids a court from conditioning a conservator's right to possession or access on the payment of child support. The two obligations are enforced separately. Unpaid support is addressed through an enforcement action, not by withholding the child.