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.