Understanding the Different Types of Custody in Texas

Understanding the Different Types of Custody in Texas

Sole Managing Conservatorship | Joint Managing Conservatorship | Possessory Conservatorship

If you’re going through a divorce in Texas with minor children involved, it’s important to understand the types of custody. This blog explains sole managing conservatorship, joint managing conservatorship, and possessory conservatorship.

The Importance of Understanding the Different Types of Custody in Texas

According to statistics gathered by the Center for Law and Social Policy (CLASP), in nearly two-thirds of all first-marriage divorces, there are minor children in the marital home. Divorcing parties can agree on custody and visitation, but the court often decides if they cannot. When doing so, the court will always give priority to the best interests of the child.

What Are the Different Types of Child Custody in Texas?

Child custody, technically referred to in Texas as “managing conservatorship,” can take one of three forms:

• One parent gains sole decision-making authority over the child’s welfare, including healthcare, education, religion, and extracurriculars.The child will also reside with that parent. The other (noncustodial) parent will usually have visitation rights.
• Joint managing conservatorship—The more common arrangement, and the one typically preferred by the courts, this scenario calls for both parents to work together to make decisions that are in the best interests of the child. In most situations, one parent will still have primary physical custody and the other parent will retain visitation rights.
• Possessory conservatorship—Sometimes, courts do not grant managing conservatorship to either parent. Instead, when a nonparent receives sole managing conservatorship, the biological parents each retain a possessory conservatorship, giving them the right to visitation. The court will typically establish the terms of such an arrangement in a “Standard Possession Order.”

Let Graham Family Law Help You Protect Your Custody Rights in a Texas Divorce

At Graham Family Law, we bring more than 20 years of experience to people in San Antonio and the surrounding communities who need proven divorce and family law counsel. We can help you in understanding the different types of custody in Texas.  We protect your rights before a judge and jury with our skill as trial attorneys. The legal community also respects us for negotiating effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of San Antonio, New Braunfels, Sequin, Helotes, Alamo Heights, Castle Hills, Balcones Heights, Converse, Shavano Park, Terrell Hills Boerne, Comfort and Floresville

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