Joint vs. Sole Custody: Understanding Your Options in a Texas Divorce

When parents divorce in Texas, determining how to structure their rights and duties regarding their children is a crucial aspect of the legal process. In Texas, the term “conservatorship” is used instead of “custody” to describe these arrangements. The two main types of conservatorship are Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC).

Joint Managing Conservatorship (JMC)

In Texas, there is a presumption that Joint Managing Conservatorship is in the best interests of the child (Texas Family Code § 153.131). Under a JMC, both parents share the rights and duties of raising the child, even if the child primarily resides with one parent.

These rights and duties include (Texas Family Code § 153.132):

• The right to receive information from the other parent about the child’s health, education, and welfare
• The right to confer with the other parent before making decisions about the child’s health, education, and welfare
• The right to access the child’s medical, dental, psychological, and educational records
• The right to consult with the child’s physicians, dentists, and psychologists
• The right to attend the child’s school activities
• The right to be designated on the child’s records as an emergency contact
• The right to manage the child’s estate (if created by the parent or the parent’s family)

In most JMC orders, the court will designate one parent as the primary joint managing conservator, with the exclusive right to determine the child’s primary residence. Both parents remain managing conservators. One parent has the right to choose where the child lives, but both parents keep their other parental rights.

Sole Managing Conservatorship (SMC)

In contrast to JMC, Sole Managing Conservatorship grants one parent the exclusive legal right to make important decisions for the child (Texas Family Code § 153.132). The parent appointed as Sole Managing Conservator has the majority of the rights and duties listed above, while the other parent’s role is more limited.

SMC is generally only ordered in situations where it is not in the child’s best interests for both parents to share these rights and responsibilities. The court may appoint one parent as SMC if (Texas Family Code § 153.004; 153.131):

• The other parent has a history of domestic violence, neglect, or abuse
• The other parent has a history of drug or alcohol abuse or has been convicted of a crime
• The other parent has been absent from the child’s life or shown little to no interest in being involved
• Appointing the parents as Joint Managing Conservators would significantly impair the child’s physical health or emotional development

Even in SMC situations, the court will often grant the possessory conservator (the non-custodial parent) some form of visitation unless it would endanger the child’s physical or emotional welfare (Texas Family Code § 153.193). The court may order supervised visitation or specify other conditions to ensure the child’s safety.

Factors the Court Considers in Conservatorship Decisions

When determining whether JMC or SMC is appropriate in a given case, the court will consider all relevant factors in light of the child’s best interests (Texas Family Code § 153.002). These factors may include:

• The child’s physical, psychological, and emotional needs
• The parenting abilities of each parent
• The stability of each parent’s home environment
• The child’s preference, if the child is 12 years or older
• Any evidence of domestic violence or child abuse
• The geographical proximity of the parents’ residences
• The ability of the parents to cooperate and put the child’s needs first

Get Help Handling Custody Arrangements for Your Family

At the Law Office of Aimee Stritchko, we understand that every family is unique. Our experienced Galveston conservatorship lawyers can help you assess your situation, understand your options, and develop a strong case for the arrangement that best serves your child.

Whether you believe JMC is the ideal outcome or have concerns that SMC may be necessary for your child’s protection, we’re here to provide the compassionate guidance and skilled advocacy you need.

To learn more about how we can help with your conservatorship matter, contact us today to schedule a confidential consultation.