Custody Rights
Texas allows for two forms of custody when children are involved in a divorce or a suit affecting the parent-child relationship (“SAPCR”).
Note: the term SAPCR is fully explained in the “Divorce/SAPCR” section of this Web site.
In the first scenario, the parties are appointed as Joint Managing Conservators of their children. In the second scenario, one party is appointed as the Sole Managing Conservator, and the other parent is appointed Possessory Conservator. These two custody forms are often called “sole custody” or “joint custody.”
In most Texas cases, persons named as custodians will share joint custody. A common misconception, voiced to us quite often at the beginning of a case, is the idea that children in sole custody situations only have one parent conservator in their lives. In Texas, this is not the case. Although provisions for limited or supervised visitation can be ordered when there may be a danger present for a child, even under a sole custody award, the non-Sole Managing Conservator, the Possessory Conservator, still is nearly always awarded visitation time.
Texas family law is based on a Child’s Best Interest Standard, and the general presumption at the start of any case is that children are best served when they have two parental figures in their lives, even when and if the parents are separated. Custody awards may be rendered as part of Temporary Orders and/or final orders by the court.
Note: Texas judges who award a more stringent form of custody, or even limited visitation at the Temporary Orders stage due to what they consider to be a lack of proper parenting on the part of one conservator, are generally looking to see if that conservator improves their behavior before a final order hearing since Temporary Orders are revisited and may be altered during a final hearing.