What Is the Difference Between Custody and Conservatorship in Texas?

In Texas, the formal legal word for custody is actually conservatorship. Conservatorship refers to the rights and responsibilities for children, with parents usually being named Joint Managing Conservators and sharing major decision-making, possession, and access. An attorney from Kimbrough Legal, PLLC could help you understand the difference between custody and conservatorship in Texas and how these terms affect any family law concerns you have.

What Are the Key Differences Between Conservators?

Determining conservatorship arrangements in Texas allows parents to share and divide rights and duties, such as decision-making regarding a child’s education, health care, religion, and welfare. However, one parent is typically named the custodial parent and provides the minor’s primary residence, while the other parent is considered the Possessory Conservator, or non-custodial parent. This individual is entitled to visitation, also known as possession and access, meaning physical presence and phone calls, for example.

Alternatively, if one parent is named the Sole Managing Conservator, they have exclusive rights to decide where the child lives (usually within a specific geographical area) and all major parenting decisions, including medical care and education. The court may award one parent sole conservatorship if there is a history of family violence or when there is another valid reason to protect the minor’s well-being. This primary decision maker must always act in the child’s best interests, and they may also be entitled to receive support on the minor’s behalf.

How Does Guardianship Come Into Play?

It is important not to confuse guardianship and conservatorship in Texas. Guardianship is a separate legal process. It comes into play if the child’s parents are unfit, absent, incapacitated, or deceased, or when the minor has significant assets. Guardianship is handled by the County Court as opposed to the District Court, and its purpose is to manage the child’s personal needs, such as care and shelter, or their estate when parents are unable to do so.

Call a Texas Attorney to Get a Better Understanding of Custody and Conservatorship

Now that you know there is no difference between custody and conservatorship in Texas, our lawyers at Kimbrough Legal, PLLC, could provide guidance based on your family’s specific circumstances. We serve Austin and the surrounding areas, so regardless of your neighborhood, we are nearby and ready to help.

You need bold representation to navigate the complexities of family law. Let our skilled team support you through divorce, conservatorship, and other legal issues. Our firm has advanced technology that we could leverage to your benefit, and we are experienced with complicated custody disputes. Contact us today to learn more.