Most parents refer to parenting time and decision-making authority after divorce as “custody.” Some state laws, including those in Texas, use different terms. If you’re going to be divorcing this year, you’ll likely see these legal terms in the documents you’ll be reviewing and signing.
For example, what you may know as “physical custody” is described in Texas statutes as “possession of and access to the child” under Texas law. What is often called “legal custody” is described as “decision-making” authority or responsibility.
Joint vs. sole managing conservatorship
As you can see, the term “custody” is rarely used in Texas law. The term “conservatorship” is used to refer to the care of a child. The two most common types are joint managing conservatorship (JMC) and sole managing conservatorship (SMC).
As the names suggest, JMC occurs when co-parents share possession and access of their child as well as decision-making authority. Texas law assumes that this arrangement is in the child’s best interests. That means there needs to be evidence that it’s not best for the child if one parent wants to prevent a JMC (for example, if there’s been domestic violence or substance abuse).
Sole managing conservatorship (SMC) can be ordered if it’s best (or parents agree) that only one parent should have decision-making responsibility and/or possession and access. This is less common than JMC and is most often the arrangement if one parent isn’t going to be in the child’s life for one reason or another.
Possessory conservatorship
A possessory conservatorship (PC) may be ordered if both parents have possession and access rights but only one has decision-making authority. This is a rare situation, but it may be the best choice if one parent has only minimal possession and access. Therefore, the parent who cares for the child the majority of the time is the best one to make important decisions regarding education, health care, religious teachings and more.
Whatever terms you and your co-parent and your respective legal representatives use, it’s crucial that you’re all talking about the same thing. Make sure you’re clear on what you’re agreeing to and what’s being codified in your court orders and parenting plan. When you have trusted legal guidance, you should never hesitate to ask questions or clarify anything that you’re uncertain about. What’s important is working toward the conservatorship that you believe is in your child’s best interests.