Smith & Bledsoe Family Law

Child Custody in Texas Conservatorship is the legal term for child custody in Texas divorces. Courts may award managing conservatorship, possessory conservatorship, or both. Legal decision-making authority and physical custody are part of these. A parent may receive managing conservatorship if a Texas court determines that they should make important decisions for their child. These decisions may include where the child attends school, any medical treatment required, or religious attendance. A parent with possessory conservatorship means that they retain the right to live with their child. This type of custody is rarely used in a Texas divorce. One parent usually becomes the primary conservator, leaving the other one with possessory conservatorship. In a Texas divorce, this is the most common arrangement, with the child physically residing with one parent while having visitation with the other. Usually, the parent who does not have primary custody (also known as the noncustodial parent) pays child support to the other one. This does not mean that the custodial parent is not financially responsible. Texas law assumes that the custodial parent pays for a significant portion of the child's daily expenses, such as food, clothing, and shelter.

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