Child Custody in Texas: Understanding Conservatorship and Possession Orders

Texas family law uses specific terminology that differs from what you may hear in other states or on television. Understanding these terms helps you know what to actually expect from a custody case.

Conservatorship vs. Possession

'Conservatorship' refers to the legal rights and duties a parent has regarding their child — decisions about education, medical care, and more. 'Possession and access' refers to the actual schedule of when the child is with each parent. A parent can share conservatorship rights while still having a different possession schedule.

Joint vs. Sole Managing Conservatorship

Texas law presumes that joint managing conservatorship — where both parents share rights and duties — is generally in a child's best interest, though specific rights (like the exclusive right to decide primary residence) are often allocated to one parent. Sole managing conservatorship, giving one parent primary decision-making authority, is reserved for situations where joint conservatorship would not serve the child's best interest.

The Standard Possession Order

Texas provides a Standard Possession Order as a default schedule, generally giving the non-primary parent possession on alternating weekends, certain holidays, and extended time in the summer. Parents can agree to a different schedule that better fits their family's needs.

Modifying an Existing Order

Custody and possession orders aren't necessarily permanent. If circumstances change materially — a move, a change in a child's needs, or a parent's changed circumstances — a modification may be appropriate.