When you find yourself working through a custody issue in Texas, you will quickly realize the legal language used in family court wasn’t what you might expect. Most of us think in terms of “custody,” but in Texas, the law uses the term conservatorship — and understanding the difference is essential, whether you’re a biological parent or a step-parent involved in a divorce as an Arlington, TX family lawyer who has been rated by Super Lawyers knows all too well.
Custody Vs. Conservatorship In Texas
In most states, “custody” refers to both the physical care of a child and the legal authority to make decisions about their welfare, and there are many different types of custody. In Texas, however, the term conservatorship replaces what we commonly think of as custody.
Here’s how it breaks down:
1. Conservatorship = Legal Custody
In Texas, conservatorship deals with the rights and responsibilities of a parent. This includes:
- Making decisions about education, medical care, and religious upbringing
- Having access to medical and school records
- Speaking to teachers and doctors
- Directing the moral and religious training of the child
There are two main types:
- Joint Managing Conservatorship (JMC): This is the most common arrangement. Both parents share decision-making rights, although one parent (called the “primary conservator”) usually determines the child’s primary residence.
- Sole Managing Conservatorship (SMC): In this case, one parent has most or all of the rights and responsibilities, often due to factors like abuse, neglect, or absence of the other parent.
2. Possession And Access = Physical Custody
What many people call “physical custody” is legally referred to in Texas as possession and access. This determines when each parent spends time with the child. Possession schedules can vary widely — from standard arrangements to custom orders based on the child’s best interest.
So, when people talk about “custody battles,” they’re really dealing with two legal questions:
- Who has the right to make decisions for the child? (Conservatorship)
- Who will the child live with and when? (Possession and Access)
Where Do Step-Parents And Custody Stand?
For step-parents, divorce and custody can be especially painful. You’ve built a bond with a child who may not be biologically yours, but emotionally, they’re family.
Under Texas law, step-parents do not have automatic rights to custody or conservatorship after divorce. However, they can request legal access or custody under specific conditions, such as:
- The biological parents are unfit or unavailable
- The step-parent has been a significant caregiver for the child
- The court believes it’s in the child’s best interest
In some cases, a step-parent may file for intervention in a custody case or even petition for managing conservatorship, but this typically requires strong evidence and sometimes the support of a biological parent.
In Texas, understanding the difference between custody (as we often call it) and conservatorship is crucial for anyone involved in family law issues. Whether you’re a biological parent or a step-parent, knowing your rights — and the correct legal terms — can help you make more informed decisions whether you are establishing custody or modifying an agreement.
Every family is unique, and the courts aim to prioritize the child’s best interest. If you’re facing a custody or divorce issue in Texas, be sure to seek professional legal advice and take time to understand how conservatorship and possession work. Contact a lawyer that has received a 10.0 rating from Avvo at the Brandy Austin Law Firm for help.
