In Texas, shared or joint custody is referred to as joint managing conservatorship. Texas courts presume that it is best for a child to have their parents share custody. The purpose of this presumption is that, in most instances, children have been found to benefit from a relationship with both parents. While this might be the default position, shared custody is never guaranteed. A judge is required to make all custody decisions with the best interest of the child at heart. If you seek conservatorship over your child, joint custody may be a solution for your family. 

Key Points About Joint Managing Conservatorship (JMC)

Conservatorship vs. Custodianship

In Texas, the terms conservatorship and custodianship have distinct meanings:

• Conservatorship refers to the legal rights and responsibilities of the parents regarding decision-making for the child. In a joint managing conservatorship, both parents share rights and responsibilities to make decisions about the child’s welfare like healthcare, religion, etc.
• Custodianship (or physical custody) relates to where the child spends most of their time. While one parent will typically provide the child with a home most of the time, the noncustodial parent will have access on certain nights and weekends with joint custody.

Decision-Making

In a joint managing conservatorship, both parents are involved in making decisions regarding the child’s welfare. However, sharing decision-making rights does not guarantee equal time spent with the child.

Parental Rights

In a joint managing conservatorship, both parents generally share certain rights like the right to receive information from the other parent regarding the child’s health and education.

Limitations on Custody Rights

There are times when the court may determine it is not in the child’s best interest for both parents to share custody rights. This could limit one party to only supervised visits or even prevent them from seeing their children at all.

About Visitation

In Texas, a Standard Possession Order lays out the visitation schedule. It’s the default schedule the court uses unless the parents agree to something else or the court finds a different schedule is in the best interest of the child.

The Best Interest of the Child Standard

Any decision a judge makes relating to custody or access to a child has to be based on their best interests. This is a subjective standard left up to the courts, but a judge must take into account certain factors when coming to a decision. These include

• The emotional and physical needs of the child
• The child’s wishes
• Any history of abuse
• Stability of a parent’s home
• The parents’ ability to care for a child
• Any factors that suggest a parent is unfit

Note: These are only a few factors a judge must consider when determining what is best for a juvenile. Every matter is unique.

Talk to a Texas Family Law Attorney About Joint or Shared Custody 

If you believe joint custody is an ideal solution for you and your children, the team at Barton & Associates Attorneys At law, PLLC, is here to help. We have spent years advocating for families in Texas, and we look forward to helping you grow your relationship with your children. Your case is important, and you deserve an attorney that treats it that way. Contact us as soon as possible to discuss whether joint or shared custody is possible for you.