In Texas, the term ‘child custody’ is often misinterpreted and is legally referred to as ‘conservatorship.’ San Antonio Family Lawyer and founder of The Hicks Law Firm, John Hicks, provides a comprehensive explanation of what conservatorship entails and how it differs from the traditional concept of child custody. “Conservatorship in Texas determines the legal rights and duties each parent has regarding their child,” the attorney explains. “We have joint managing conservatorship, where both parents share these rights and duties, and sole managing conservatorship, where one parent has these rights exclusively.”
Many people seeking ‘sole custody’ often misunderstand the term with ‘primary custody.’ “Primary” means that one parent is granted the exclusive right to determine the primary residence of the child, even if the parents are joint managing conservators. In Texas, conservatorship focuses on the allocation of parental responsibilities rather than the physical possession of the child. This includes rights such as making medical decisions and accessing school records, which can be joint or exclusive depending on the court’s orders.
In addition to conservatorship, Texas law addresses possession and access, which is the equivalent of what other states refer to as visitation. 50/50 possession schedules that parents might consider, such as the 2-2-3 rotation schedule, where the child alternates between parents every two and three days, ensuring equal time with both.
Moreover, Texas courts have established the Standard Possession Order (SPO) and the Expanded Standard Possession Order (ESPO) to guide parents. The ESPO, introduced in September 2021, provides more visitation time for non-custodial parents living within 50 miles of each other. This order extends weekend visitations from Friday after school until Monday when school resumes and includes Thursday overnight stays.
Geographic restrictions often accompany conservatorship and possession orders to maintain stability in the child’s life. These restrictions can be as broad as an entire county or as narrow as a specific school district. Modifying these restrictions typically requires a court hearing, especially if one parent’s relocation significantly impacts the existing arrangement.
In Texas, modifications to child support orders can occur through negotiation or by following specific legal processes, with courts considering various factors when determining if a modification, such as a parent’s relocation, aligns with the child’s best interest. However, if the parent has remarried or wedded a military member, difficulties may arise. Another issue occurs when the non-possessory parent is less present in the child’s life, does not exercise visitation rights, or there is domestic abuse involved.
The attorney shares, “The standard arrangement in Texas is joint managing conservatorship. However, parents can petition the court for a different arrangement, with decisions made based on what is considered to be in the child’s best interest.” Ultimately, John Hicks emphasizes that understanding these legal distinctions is essential. Parents must be well informed about their rights and responsibilities under conservatorship, whether they are pursuing joint or sole arrangements. The process requires careful navigation, and working towards amicable agreements, whenever possible, can significantly benefit the parents and, most importantly, the child. Hicks stresses that fostering cooperation between parents, even in challenging situations, helps create a stable environment for the child, contributing to their emotional and developmental well-being. By prioritizing the child’s needs, parents can often find common ground and minimize potential conflicts in their co-parenting journey.
Published by: Holy Minoza
