The Texas Family Code define's custody as conservatorship. The rights and duties
that the father and mother will owe to the child are also outlined in the code.
The parents will employ these rights and duties to benefit their child. In
Texas, joint managing conservatorship is presumed to be in the child's best
interest. Joint managing conservatorship means the sharing of the rights,
privileges, duties, and powers by both parents, even if the exclusive power to
make certain decisions may be given to one parent. A joint managing
conservatorship does not require equal or near equal physical possession by
each parent.
While taking child's best interest into consideration, the court
will designate one of the parents' homes as the child's primary residence. If
an agreement is reached between the parties to enter into a joint managing
conservatorship, then the parties must designate the child's primary residence.
An agreement must also contain other information - I will discuss this with you
in more detail. Remember: there are certain instances in which the court cannot
appoint a joint managing conservatorship. Generally, the functional definition
of a possessory conservator is a noncustodial parent with visitation rights.
The court may set the time and conditions for possession of or access to the
child by the possessory conservator. The court may also designate additional
rights and duties for the possessory conservator. Upon a showing of good cause,
one parent can be the sole managing conservator and the other parent the
possessory conservator. The Texas Family Code provides the same rights to a
sole managing conservator as it does for joint managing conservator, but gives
the sole managing conservator additional rights. Depending on the
circumstances, the possessory conservator may have limited rights. An issue
that is separate and apart from custody is visitation.
