If you’re a mother facing divorce in Texas, understanding how the state handles custody matters is essential for protecting your relationship with your children. Interestingly, “custody” isn’t actually a legal term used in Texas family courts. Instead, the law divides child-related matters into three distinct categories: conservatorship, possession and access, and child support. Understanding these distinctions helps you advocate effectively for what matters most.
Conservatorship refers to the rights and duties each parent has regarding their children. This includes things like the right to make medical decisions, the right to make educational decisions, the right to attend school functions, and the duty to provide care and support. In Texas, there’s a strong presumption that both parents will be named joint managing conservators, meaning they share these rights and responsibilities.
Being joint managing conservators doesn’t mean everything is divided equally in practice. Courts can order that certain decisions require agreement between both parents, while others can be made independently by whichever parent has the child at the time. In some cases, one parent may be granted exclusive rights to make certain decisions, particularly if there are concerns about the other parent’s judgment or if the parents simply cannot cooperate on specific issues.
Possession and access refers to the time each parent spends with the children. This is what most people think of when they hear the word “custody” or “visitation.” Texas has standard possession orders that courts typically use as a starting point, but the actual schedule can be customized based on factors like work schedules, the children’s activities, and the distance between parents’ homes.
The question of which parent has “primary custody” usually refers to possession and access rather than conservatorship. The primary conservator is typically the parent with whom the children spend most of their time, particularly on school nights. However, this doesn’t mean the other parent has fewer legal rights. Joint managing conservators have the same fundamental rights to be involved in their children’s lives.
Child support is the financial component of custody arrangements. Texas uses guidelines based on the paying parent’s income to calculate support amounts. The parent with whom the children primarily reside typically receives support from the other parent. This support is intended to help cover the children’s basic needs, including housing, food, clothing, education, and healthcare.
Every custody situation is fact-specific. What works for one family may not work for another. Courts make decisions based on the best interest of the children, considering factors like each parent’s involvement in the children’s lives, the stability of each home environment, the children’s own preferences (if they’re old enough), and any history of family violence or neglect.
The key to achieving a custody arrangement that works for your family is preparation and clear communication with your attorney. Document your involvement in your children’s lives. Keep records of school events you attend, medical appointments you manage, and the daily caregiving you provide. This evidence helps demonstrate your role as a parent and supports your requests in court.
At Alexandra Geczi PLLC. Divorce & Family Law, we understand that custody matters are deeply personal. Our women-only firm brings compassion without compromise to every case, fighting for arrangements that protect your relationship with your children while serving their best interests. Strength backed by strategy means building a compelling case based on facts and focused on outcomes.