Question 1

What is conservatorship in Texas?

Accepted Answer

Conservatorship is the Texas term for what most states call custody. It refers to the legal rights and duties a parent has regarding their child — the ability to make decisions about the child's education, healthcare, and general welfare. Texas courts appoint parents as either joint managing conservators (JMC) or sole managing conservators (SMC), and the order specifies exactly who holds which rights and duties. Conservatorship is a broader concept than just where the child lives — it covers legal decision-making authority.

Question 2

What is the difference between JMC and SMC?

Accepted Answer

Joint Managing Conservatorship (JMC) means both parents share parental rights and duties, though not necessarily equally. One parent is typically designated as the parent with whom the child has primary residence. JMC is the Texas default — courts presume it serves the child's best interest unless there is evidence of domestic violence or other serious safety concerns. Sole Managing Conservatorship (SMC) places most or all decision-making rights with one parent. Courts award SMC when JMC would endanger the child's physical or emotional well-being. Even with SMC, the other parent usually retains some possession time. Reference: TFC §153.131.

Question 3

What is the Standard Possession Order?

Accepted Answer

The Standard Possession Order (SPO) is the default possession schedule Texas courts apply under TFC §153.252 when parents live within 100 miles of each other. The non-primary parent gets: the 1st, 3rd, and 5th weekends of each month (Friday 6pm to Sunday 6pm), a Thursday evening each week during the school year (6pm to 8pm), alternating holidays (Thanksgiving, Christmas break, spring break), and 30 days of summer possession. Parents who live more than 100 miles apart operate under a different default schedule. The SPO is a starting point — courts can order expanded or customized schedules.

Question 4

Who decides where the child lives?

Accepted Answer

If parents cannot agree, a judge (or jury in some cases) decides based on the best interest of the child — the standard under TFC §153.002. Courts look at each parent's parenting history, stability of the home, the child's relationships, any safety concerns, and many other factors. In practice, most custody cases settle before trial through negotiation or mediation. When parents reach an agreement, the court reviews it to confirm it serves the child's best interest before approving it.

Question 5

Can I modify custody after the order is signed?

Accepted Answer

Yes — through a modification proceeding. The requesting party must show (1) a material and substantial change in circumstances since the original order was signed, and (2) that modification is in the child's best interest. Both conditions must be met. Courts set this bar deliberately high to protect children from unnecessary disruption.

Question 6

What triggers a custody modification?

Accepted Answer

Common circumstances that may support modification include: a parent's relocation, a significant change in a parent's work schedule or availability, documented domestic violence or substance abuse, the child's changing needs (medical, educational, or emotional), or the primary parent voluntarily giving up day-to-day care. Remarriage alone rarely qualifies — courts look for impact on the child. A child who is 12 or older can express a preference to the judge, which can support a modification if other factors align.

Question 7

Can I move out of state with my child?

Accepted Answer

It depends on your custody order. Most Texas custody orders include a geographic restriction limiting where the primary conservator can establish the child's primary residence — often to a specific county or adjacent counties. Moving beyond that boundary without the other parent's agreement or a court order modifying the restriction is a violation of the order. If your order does not have a geographic restriction, or if you have sole managing conservatorship with different terms, the rules differ. Consult an attorney before making any plans — signing a lease or a job offer before resolving this legally can hurt your case.

Question 8

What happens if my co-parent violates the custody order?

Accepted Answer

A custody order is enforceable as a court order. If the other parent repeatedly denies your possession time, refuses to return the child, or otherwise violates specific provisions, you can file a motion for enforcement. Remedies may include makeup possession time, civil penalties, attorney's fees, and in serious or repeated cases, contempt of court. Document every violation — date, time, exactly what happened, any witnesses, and any text messages or emails related to the incident. Prompt documentation makes enforcement motions much stronger.

Question 9

What do custody evaluators look for?

Accepted Answer

A custody evaluator is a mental health professional who assesses the family and provides the court with a professional opinion about what arrangement best serves the child. Evaluators typically interview both parents and the child, conduct home visits, review school and medical records, and speak with collateral contacts like teachers and therapists. They look at each parent's parenting history, mental and emotional stability, ability to meet the child's needs, and the quality of each parent's relationship with the child. Authenticity matters — evaluators are trained to recognize coaching and exaggeration.

Question 10

How does the court decide what's in the child's best interest?

Accepted Answer

Texas courts use TFC §153.002 as the foundation — the child's best interest is the primary consideration in all conservatorship and possession decisions. Courts look at a range of factors including: the child's physical and emotional needs, each parent's parenting abilities and history, the stability of each parent's home, evidence of domestic violence or abuse, the child's relationship with siblings and extended family, and each parent's willingness to foster the child's relationship with the other parent. These factors are not a checklist — courts weigh them holistically based on all of the evidence.

Question 11

Can my child choose which parent to live with?

Accepted Answer

In Texas, a child who is 12 or older has the right to speak with the judge in chambers about their preference (TFC §153.009). This does not mean the child decides — the judge makes the final determination based on best interest. A child's clearly expressed preference is one factor, and at older ages can carry significant weight, but courts also consider why the child has the preference and whether it reflects genuine needs or influence from a parent. Children under 12 do not have a formal right to be heard, though a judge may consider their preferences through other means.

Question 12

How long does a custody case take?

Accepted Answer

It varies significantly. An uncontested custody case where both parents reach agreement can be finalized in a few months. A contested case — where parents litigate conservatorship and possession through trial — can take 12 to 24 months or longer, depending on Collin County court dockets, whether a custody evaluation is ordered, and the complexity of the issues. Cases involving allegations of abuse, substance use, or relocation tend to take longer. Most cases settle before trial; mediation is common and often effective. Your attorney can give you a realistic timeline based on the specifics of your situation.

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