Conservatorship and Possession: The New Texas Terms for Custody

In Texas, the legal term “custody” is no longer recognized. It has been replaced by the terms “managing conservatorship” and “possession” to effectively better define the parent-child relationship. Texas courts have always and will continue to consider the child’s best interest. In designing this two-pronged structure, the child, and parents alike, will benefit from ensured stability through the court’s system. In stressful situations such as child custody, consulting a family law attorney can help resolve difficult issues.

Managing and Possessory Conservatorship

There are two types managing conservatorship: sole conservatorship and joint conservatorship. Managing conservatorship according to The Texas Family Code under Section 153.005 states that a managing conservator must be a parent, a competent adult, an authorized agency, or licensed child-placing agency. Possessory conservatorship is granted by the court concerning visitation and access rights.

  • Sole managing conservatorship allows the sole conservator managing rights concerning decisions and responsibilities essential in caring for a child such as school and education, medical care and religious upbringing.
  • Joint managing conservatorship grants two appointed conservators decision-making rights concerning the child, specifying the responsibilities, rights, and duties of each conservator. One conservator will be granted the right to designate the physical residence of the child.
  • Possessory Conservatorship involves visitation rights. However, visitation rights can be stripped away if the court believes the child may be endangered physically or emotionally by the possessory conservator.

Additional note: Both parents of the child are financially responsible in supporting a child. It is urged that parents keep a line of communication open to discuss information concerning any children involved for their best interest.

Contact Us

To acquire legal guidance for your child custody case, consult the McAllen family law attorneys of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555.


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