Under Texas family law, child custody is called conservatorship. Different forms of conservationship imply different rights and responsibilities. When parents cannot agree on a living arrangement, a judge will determine what solution best meets the needs of the child. To better understand this subject, the two main types of conservatorship are discussed below, as well as some common factors that can influence which one is assigned to you.

Joint Managing Conservatorship

Under a joint managing conservatorship, both parents share in the legal decision-making involved in raising the child. In most of these orders, the child will live primarily with one parent, who is known as the custodial parent; they decide where the child lives, typically within a specified geographic area. The other parent is known as the noncustodial parent.

While each parent has the legal right to make certain decisions about the child, such as what school to attend and where to receive medical care, this does not mean each parent has the child for an equal amount of time. A family law judge will issue a possession order, separate from the conservatorship, which details how the child's time is to be split.

Sole Managing Conservatorship

In a sole managing conservatorship, only one parent is granted the right to make legal decisions regarding the child. Most judges aim to have both parents as involved as possible in the child's life, but if their best interests are at risk with one of the parents, a judge will favor the parent who can provide the more stable home.

For instance, when the other parent is violent, abusive, neglectful, absent, or chemically addicted, sole managing conservatorship is often awarded to the custodial parent. However, this arrangement does not automatically mean that the child will never see the other parent; that determination is made via the possession order, as discussed above.

Determining Factors

Family law judges look at a variety of factors when deciding what kind of conservatorship best meets the needs of children. First, they look at the safety and stability of each parent and the support and consistency they can offer the child. They will look at the physical and emotional health of both parents, as well as any criminal records, outstanding warrants, or allegations of abuse or violence. A judge also typically reviews the child's involvement in their school and community and the emotional ties between the child and parents.

If you're involved in a custody dispute, a family law attorney will help protect your rights. For over 20 years, Attorney Darren Anderson of Anderson Law Firm has been serving clients throughout Texas and Arkansas from his base in Texarkana with knowledge and compassion. He can also argue on your behalf in matters relating to child support. Visit his website to learn more about his practice areas. Call (903) 792-1229 to arrange a consultation.