Verification in progress. Statute references on this page are being confirmed against current law by a licensed attorney. Use the official sources listed below for the authoritative text.
Key takeaways
- Joint managing conservatorship is presumed for fit parents (Tex. Fam. Code §153.131).
- The parent with the right to designate primary residence is the de facto 'custodial' parent—fight for that right or for an equal-possession alternative.
- A history of family violence rebuts the joint presumption (§153.004).
- Children 12 and older can be interviewed by the judge in chambers on a party's request (§153.009).
Legal / educational information
Joint vs. sole managing conservatorship
Joint managing conservators share decision-making rights—education, medical, psychological—which the order can allocate as joint, independent, or exclusive to one parent. Sole managing conservatorship gives one parent most exclusive rights and is generally ordered only after findings such as family violence, abuse, or absence. The other parent is a possessory conservator with a possession schedule. VERIFY: confirm the current Texas Family Code text and section numbers with a licensed Texas attorney before relying on this—the Legislature amends Title 5 in most sessions.
Legal / educational information
Best-interest factors in Texas
Texas courts apply the Holley v. Adams factors: the child's desires, present and future emotional and physical needs, danger to the child, parental abilities, programs available to help, each parent's plans, stability of the home, acts or omissions indicating an improper relationship, and any excuse for them. Documented involvement and a concrete plan speak to nearly every factor.
Legal / educational information
Geographic restriction
Texas orders commonly restrict the child's primary residence to a county and contiguous counties. Ask for it—it protects your possession schedule from a move-away.
Frequently asked questions
A managing conservator holds decision-making rights; a possessory conservator generally has possession and access under a schedule but fewer exclusive rights. Most fit parents are named joint managing conservators.
Sources
A Father's Fight provides general educational information and personal experiences. It is not a law firm and this page is not a substitute for advice from a licensed attorney in your state. See our disclaimer and editorial policy.