Child Custody Information

     If you are divorcing, separating from your spouse, or have a child and are not married to the child's other parent, child custody can be an issue.  Some of the common terms involved in a child custody case are:    

     Joint Conservatorship - Joint conservatorship is when both parents share the rights and duties of a parent (see below for more information on rights and duties).  Joint conservatorship does not necessarily mean that the parents have 50/50 possession of the child.

     Sole Conservatorship - Sole conservatorship is when one parent has all the rights and duties of a parent.

     Managing Conservator - The managing conservator is the parent who has the right to designate the child's primary residence.  The residence could be restricted to a certain geographic area, such as the county.  The managing conservator has the right to possession of the child anytime the possessory conservator does not have the right to possession of the child.

     Possessory Conservator - The possessory conservator has the right to periods of possession of the child outlined in the court's order.

     Rights & Duties - The Texas Family Code has set out a number of 'rights and duties' of a parent.  These rights and duties include the right to designate the child's primary residence, the right to consent to invasive medical treatment for the child, the right to direct the moral and religious training of the child, the right to consent to the marriage or enlistment in the military by the child before the age of 18, the right to make decisions regarding the child's education, and the right to the services and earnings of the child.

     Possession Order - A possession order is included in the Court's final order in the case and sets out when each parent will have the right to have possession of the child.  The current standard possession order per the Texas Family Code for the possessory conservator is the first, third, and fifth weekend, Thursday evenings from 6:00 p.m. until 8:00 p.m., and thirty days during the summer.  Holidays and spring break periods of possession alternate between the parties.

     Geographic Restriction - Geographic restrictions are routinely included in child custody orders.  The managing conservator is restricted to designating the child's residence in a certain area or county.  If the possessory conservator moves from the geographically restricted area, the geographic restriction on the managing conservator is lifted.

     Child's Preference - Once a child reaches the age of twelve, he or she may file a 'preference' with the court requesting that one particular parent designate the child's residence.  The child's preference is not binding on the Court and the judge will still determine which residence is the best for the child.