Managing Conservatorship in Texas

Last updated: July 27, 2026

Texas does not use the term "custody." Instead, Texas law uses conservatorship to describe the legal rights and duties of parents regarding their children. Understanding the difference between Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC) is essential for anyone involved in a Texas SAPCR.

This page is part of our complete SAPCR Texas guide.

Best Interest of the Child Standard in Texas

One rule governs every conservatorship decision in Texas. Under Texas Family Code § 153.002, the best interest of the child is always the court's primary consideration.

That standard applies to every question the court answers. It governs the choice between JMC and SMC. It governs the possession schedule. It governs which parent holds which rights.

Under § 153.003, the court may not discriminate based on the sex or marital status of a parent in making conservatorship or possession decisions.

Joint Managing Conservatorship (JMC)

Texas starts by assuming both parents should share the role. Under § 153.131, courts presume that naming both parents Joint Managing Conservators is in the child's best interest.

That presumption is rebuttable. The court begins there, and moves off it only if the evidence gives it reason to.

What JMC Means

Joint Managing Conservatorship does not mean equal possession time. It means both parents share certain rights and duties regarding the child. Under a JMC order, the court specifies which rights are:

• Exercised independently by each parent: Rights that either parent can exercise without the other's consent
• Exercised jointly: Rights that require both parents' agreement
• Exclusive to one parent: Rights assigned to only one parent, most commonly the right to designate the child's primary residence

Joint does not mean equal time. In most JMC orders, one parent holds the exclusive right to decide where the child lives. That right usually comes with a geographic restriction — often to one county and the counties next to it. The other parent receives a Standard Possession Order specifying their periods of possession.

When JMC Presumption Does Not Apply

That presumption has limits. Under § 153.004, it does not apply if the court finds a history of family violence. It also does not apply if there is credible evidence that a parent has engaged in a pattern of abuse.

The court can also limit a parent's role. If naming a parent as managing conservator would endanger the child, the court may name that parent a possessory conservator instead, or restrict their rights.

Sole Managing Conservatorship (SMC)

Sole Managing Conservatorship is ordered when the court determines that JMC is not in the child's best interest. Under SMC, one parent is appointed the sole managing conservator and receives all parental rights not specifically assigned to the other parent. The other parent becomes a Possessory Conservator.

When Courts Order SMC

Courts may appoint a sole managing conservator when there is evidence of:

• Family violence or domestic abuse
• Child abuse or neglect
• Substance abuse by one parent
• Incarceration of one parent
• Abandonment or prolonged absence
• Mental health issues that affect parenting ability
• A pattern of interference with the other parent's rights

Under § 153.005, the court must state in the order the basis for its appointment of a sole managing conservator.

Parental Rights and Duties Under Texas Law

Texas Family Code § 151.001 enumerates twelve specific rights and duties of a parent. These are the rights that a conservatorship order allocates between the parents:

1. The right to have physical possession of the child, to establish the child's legal domicile, and to determine the child's residence
2. The duty of care, control, protection, and reasonable discipline of the child
3. The duty to support the child, including providing clothing, food, shelter, medical care, and education
4. The right to consent to the child's marriage
5. The right to consent to the child's enlistment in the armed forces
6. The right to consent to medical, dental, and surgical treatment and to psychiatric, psychological, and/or counseling treatment
7. The right to represent the child in legal actions and to make other decisions of substantial legal significance
8. The right to receive and give receipt for payments for the child's support and to hold or disburse funds for the child's benefit
9. The right to inherit from and through the child
10. The right to make decisions concerning the child's education
11. The right to the services and earnings of the child
12. The right to direct the moral and religious training of the child

In a JMC order, these rights are divided between the parents based on the court's determination of the child's best interest. In an SMC order, the sole managing conservator usually holds all of these rights. The other parent, called the possessory conservator, keeps a shorter list. That list normally includes three things. The right to see medical and school records. The right to attend school activities. And the right to possession at set times.

Possessory Conservator Rights

A parent appointed as a possessory conservator still has significant rights. Under Texas Family Code § 153.073, a possessory conservator has the right to:

• Receive information about the child's health, education, and welfare
• Confer with the other parent about important decisions affecting the child
• Access medical, dental, psychological, and educational records
• Consult with school officials and attend school activities
• Be designated as an emergency contact for the child
• Consent to medical treatment during periods of possession

The possessory conservator also receives periods of possession, typically through the Standard Possession Order.

How Conservatorship Is Decided in Texas Courts

If the parents cannot agree on conservatorship through negotiation or mediation, the court will decide at trial. The court considers numerous factors, including:

• Each parent's relationship with the child
• The child's physical and emotional needs
• Each parent's ability to provide a stable home
• Any history of family violence (§ 153.004)
• The child's preference (if the child is 12 years or older, the court must interview the child upon request under § 153.009)
• Each parent's willingness to encourage the child's relationship with the other parent

Modifying Conservatorship in Texas

Conservatorship orders are not permanent. If circumstances change materially and substantially, either parent can file a petition to modify the conservatorship order under Texas Family Code Chapter 156. A child's age can also open the door. If the child is 12 or older and tells the court they want a change in the primary conservator, a parent may seek modification on that basis.