Conservatorship in Texas
In Texas, what most people call “custody” is legally known as conservatorship. It decides who makes decisions for your child and when each parent has time with them. We help parents protect their role in their children's lives.
What “Conservatorship” Means in Texas
Texas does not use the word “custody” in its statutes. Instead, the law speaks of conservatorship — the legal framework that defines each parent's rights, duties, and time with a child. Conservatorship is decided in a divorce (a Suit Affecting the Parent-Child Relationship) or in a standalone custody case.
Two related questions are always in play: who makes decisions for the child (education, medical care, and more), and when each parent has physical time with the child (possession and access).
Joint vs. Sole Managing Conservatorship
Texas law presumes that appointing both parents as Joint Managing Conservators (JMC) is in a child's best interest. Joint conservatorship means both parents share in the major decisions — it does not automatically mean equal 50/50 time.
A court may instead name one parent the Sole Managing Conservator (SMC) when joint conservatorship would not serve the child — for example, in cases involving family violence, neglect, substance abuse, or absence. The other parent is then usually a Possessory Conservator with defined visitation.
Even in a joint managing conservatorship, one parent is typically given the exclusive right to decide the child's primary residence, and possession time often follows a standard schedule rather than an even split.
Possession and Access — The Possession Schedule
Texas provides a Standard Possession Order (SPO) that sets out a default schedule for the parent who has the child less of the time — commonly first, third, and fifth weekends, a weeknight, alternating holidays, and extended summer possession. Parents who live more than 100 miles apart follow a modified schedule.
Parents are free to agree to a schedule that works better for their family, and courts will often approve a reasonable agreed plan. When parents cannot agree, the court sets the schedule based on the child's best interest.
Rights and Duties of a Conservator
A conservatorship order spells out each parent's rights and duties, which may be held independently, jointly, or exclusively by one parent. These commonly include the rights to:
- Designate the child's primary residence (often within a geographic area)
- Make educational decisions
- Consent to medical, dental, and psychological treatment
- Receive child support and manage it for the child
- Access the child's medical, dental, and school records
Sorting out how these rights are allocated is one of the most important parts of any conservatorship case.
How Courts Decide — The Best Interest of the Child
The guiding standard in every Texas conservatorship decision is the best interest of the child. Courts weigh factors such as the child's emotional and physical needs, the stability of each home, each parent's ability to care for the child, any history of family violence, and — for a child 12 or older — the child's own wishes, which the judge may hear but is not bound to follow.
Why Work With the Law Office of Keith Phillips
Attorney Keith Phillips is a Texas family lawyer and licensed mediator who previously worked with Child Protective Services — giving him firsthand insight into how courts evaluate a child's best interest. As a solo attorney, he handles your case personally and works to protect your relationship with your children while keeping conflict as low as the situation allows.
Frequently Asked Questions
Yes. “Conservatorship” is the Texas legal term for what most people call custody. It covers both decision-making authority and the schedule of time each parent spends with the child.
In a joint managing conservatorship both parents share major decision-making. In a sole managing conservatorship one parent holds most of those rights — typically ordered when joint conservatorship would not be in the child's best interest, such as cases involving violence, neglect, or substance abuse.
No. Joint conservatorship refers to sharing decisions, not necessarily equal time. One parent usually has the right to set the child's primary residence, and possession often follows a standard schedule.
In Texas a child 12 or older may tell the judge their preference, and the judge will consider it — but the child does not get to decide. The court always applies the best-interest standard.
A Possessory Conservator is a parent who has defined rights and scheduled possession of and access to the child, but not the primary decision-making authority of a managing conservator.
Yes. If circumstances materially and substantially change, either parent can ask the court to modify the order. See our custody modification page for details.
Protect Your Role in Your Children's Lives
Talk with an experienced Texas family law attorney and former CPS caseworker about your conservatorship case. Your first consultation is free and confidential.
Schedule a Free Consultation →This page is provided for general informational purposes only and does not constitute legal advice. Every case is different, and outcomes depend on the specific facts and applicable law. Contacting the firm through this website does not create an attorney-client relationship.
Meet Our Team at the Law Office of Keith Phillips
Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
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Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.