If you’re going through a divorce or separation in Cleburne, one of the most important and emotional issues you’ll face is child custody. Whether you’re trying to get temporary custody in Texas or set up a long-term Texas custody agreement, it’s important to know your options.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Child Custody in Texas
In Texas, the term “custody” is actually referred to as conservatorship under the law. But most people still call it custody, and that’s what we’ll use throughout this article for clarity.
Here’s everything you need to know about the three types of custody in Texas, how the Texas Family Code applies, and what you can expect during your case in Texas family court.
The 3 Types of Child Custody in Texas
Under Texas child custody laws, there are three main types of custody:
1. Joint Managing Conservatorship (JMC)
This is the most common arrangement and is often considered first by the courts. In a joint managing conservatorship, both parents share the rights and responsibilities to make decisions for the child. This doesn’t always mean a 50/50 split of time, but it does mean shared decision-making.
Texas Family Code § 153.131(b) states that the court shall appoint both parents as joint managing conservators unless it is not in the child’s best interest.
Example:
John and Lisa got divorced in Cleburne. The court grants them joint custody. Lisa will be the primary custodial parent, but John will still have the right to make decisions about the child’s education and healthcare.
2. Sole Managing Conservatorship (SMC)
In this type of custody, one parent has the exclusive right to make major decisions for the child. This is usually ordered when the other parent has a history of family violence, drug abuse, neglect, or has been absent.
Texas Family Code § 153.131(a) gives the court discretion to appoint one parent as the sole managing conservator if the other parent would not act in the child’s best interest.
Example:
Sarah files for divorce from her husband, who has been abusive and absent for most of their child’s life. The court awards her sole custody to protect the child’s safety.
3. Possessory Conservatorship
A possessory conservator is a parent who has visitation rights but does not have the final say in major decisions. This is usually the role assigned to the non-custodial parent in a sole custody situation.
Example:
If Sarah gets sole custody as described above, the court might still give the father limited visitation unless it finds that contact would endanger the child.
How Does Texas Decide Custody?
The number one factor in any custody decision is the best interest of the child. This standard is outlined in Texas Family Code § 153.002.
Here’s what the court looks at:
- Each parent’s ability to care for the child
- Emotional and physical needs of the child
- History of abuse, neglect, or substance use
- Stability of each parent’s home
- The child’s wishes (if over age 12)
This applies whether you’re seeking 50/50 custody in Texas or full custody.
Temporary Custody Orders
While the final custody decision is being made, either parent can request a temporary custody order. These orders are often filed early in the divorce process and help set a routine until the court can finalize the case.
Texas Family Code § 105.001 allows courts to issue temporary orders to protect the child’s safety and maintain stability.
Example:
Mark and Rachel filed for divorce in Cleburne. To avoid chaos, the judge issues a temporary custody order giving Rachel temporary primary custody while the case moves forward.
What About 50/50 Custody in Texas?
While many parents want equal time with their kids, 50/50 custody in Texas is not guaranteed. The court will only approve it if both parents live close enough, can cooperate, and the arrangement supports the child’s well-being.
Example:
A judge may allow a 50/50 schedule if both parents live in Cleburne, have similar work schedules, and the child can easily move between homes.
But if parents live far apart or have high conflict, 50/50 might not be considered in the child’s best interest.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
Navigating Texas child custody laws is not easy. Whether you’re just starting the process or modifying an existing order, having a strong legal team can protect your rights and your child’s future.
Turner Monahan PLLC has over 50 years of experience handling child custody in Texas, including in Cleburne and the greater DFW area. Our team takes the time to understand your goals and build a clear legal strategy based on the Texas Family Code. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
