Sole v Joint Custody

What is “Sole Custody” and “Joint Custody,” Really?

A common question I hear from clients or parents exploring their options in a family

court proceedings is: “Will I get sole custody, or will we have joint custody?”

It’s a natural question, but in Texas family law, the word “custody” does not actually

have a specific legal meaning the way most people think it does. Even after we talk

about it in consultation, the terminology can still feel confusing to clients, so I thought it

would be helpful to step back and explain how Texas law actually approaches this issue.

“Custody” Does Not Mean What You Think It Means in Texas.

In everyday conversation, people often use the word, “custody,” to describe who is “in

charge” of a child and who has the most possession of the child. But, Texas family law

related to children focuses on three main areas:

• Conservatorship – how decisions are made for the child

• Possession and Access – the child’s possession time with each parent

• Support – how financial support is provided for the child, including health insurance and dental insurance for the child

When parents ask about, “custody,” they are usually referring to some combination of all three of these areas.

What Is Conservatorship?

Conservatorship refers to how decision are made for a child. Decisions like-

• Whether a child will undergo elective medical procedures

• Whether a child will receive psychological or psychiatric treatment

• Whether a child will advance a grade in school, or be held back

• Legal decisions made on behalf of a child

In Texas, we are most often using the term, “Joint Managing Conservatorship,” because the State of Texas presumes it is in the best interest of a child for the parents to work together to reach agreements that are in the child’s best interests.

Even when parents are named Joint Managing Conservators, however, there are some

rights that cannot be shared, such as-

• Naming the parent who will have the exclusive right to designate the

child’s primary residence

• Naming the parent who will have the exclusive right to receive child

support.

There are many details involved in the conservatorship terms that will ultimately be a

part of your final order, which is why it is so important to find an experienced family law attorney you can trust to educate you and guide you through your parent-child matter. An experienced family law attorney can educate you so that you understand your rights and are able to better identify your goals for the conclusion of your family court matter, which means you are more likely to be successful in your case.

A Note about Sole Managing Conservatorship…

Sometimes a parent will come to consult believing he or she should pursue what they

call, “sole custody.” The Texas-equivalent legal term is: Sole Managing

Conservatorship-where one parent holds most or all of the decision-making rights

impacting a child.

Sole Managing Conservatorship is most likely to be the result in cases involving Child

Protective Services (Texas Department of Family and Protective Services) or family

violence. Even when there has been family violence, the Court is not necessarily

required to award Sole Managing Conservatorship. Depending on the fact, the Court

may still award parents Joint Managing Conservatorship.

Again, the State of Texas presumes that Joint Managing Conservatorship is in the best

interest of a child, and it is very difficult to overcome that presumption. Consult with an

experienced family law attorney for more guidance about sole managing

conservatorship in your parent-child case.

Why the Right Language Matters

One of the most important parts of working with your family law attorney is ensuring

your goals are translated into the correct legal terms (and that you understand them!).

When a client tells me they want, “sole custody,” often what they actually mean is

something more specific, such as:

• Wanting their child to primarily live with them

• Wanting clear structure for decision-making

• Wanting stability in school enrollment

• Wanting appropriate financial support

  
  

All of that can be accomplished under the umbrella of Joint Managing Conservatorship,

but you must begin working with an experienced family law attorney to explore your

goals and options, and to prepare for a successful resolution of your parent-child matter.

When These Questions Start Coming Up…

Don’t wait to schedule a consultation with a family law attorney if you’ve found yourself wondering and ruminating about your own legal matter. Meet with an attorney and explore the facts of your case and the questions you already have. Many times over my years of practice I have consulted with a parent wanting to explore options and understand the legal landscape, only for that parent to decide not to take legal action.

Having access to the information you need to make the right decisions for yourself and

your child is worth it for your peace of mind. You don’t have to go it alone, and you don’t have to rely on the internet (or AI) for advice.

Early guidance can help you:

• Understand how Texas law approaches the issues that matter most to you

• Clarify your goals for your child and your family

• Develop a strategy that supports your goals

• Avoid misunderstandings about what to expect in a family law proceeding

If you’re interested in learning more or working with us, please click the “Contact” tab of our website, or call our office to speak with a member of our team.