Sole Custody vs. Joint Custody
A divorce or separation can be challenging for parents. In Texas, the concept of “custody” is referred to as “conservatorship” and “Possession & Access,” and it can be either sole or joint, depending on the circumstances. Sole custody (sole managing conservatorship) means one parent has the exclusive right to make crucial decisions for the child.
Joint custody (joint managing conservatorship) allows parents to share these responsibilities. John Powell is a dedicated child custody attorney who understands the key differences between sole and joint custody in Pearland, TX.
Background: Texas Uses the Term Conservatorship for Custody
Unlike most states, Texas does not use “custody” in official family law proceedings. Instead, it uses the term “conservatorship.” Still, the concept is much the same. A parent with legal rights and responsibilities is called a “conservator.” There are two main types:
- Managing conservatorship (legal custody); and
- Possessory conservatorship (physical custody)
“Possession and Access” are the terms for where the child is going to be, when, and with whom.
Understanding the Details of Sole Custody vs. Joint Custody
In Texas, courts typically prefer joint managing conservatorship—what most people think of as joint custody—because it promotes continued involvement by both parents in the child’s life. In a joint conservatorship, parents share decision-making responsibilities for the child’s welfare, including education, medical care, and religious upbringing.
However, that does not necessarily mean equal physical possession time. Parents could have a joint managing conservatorship while one parent has a primary possessory conservatorship. Still, sole custody can be granted when deemed the best option to protect the health and safety of the child. Here is an overview:
- Joint Custody (More Common): Texas family courts presume that joint custody is in the child’s best interest unless there is clear evidence showing otherwise. Joint custody encourages cooperation and co-parenting and helps ensure the child maintains a meaningful relationship with both parents. It can be customized with different possession schedules based on what works best for the family.
- Sole Custody (Less Common): Sole managing conservatorship—what most people think of as sole custody—is granted when one parent is unfit, unavailable, or risks the child’s well-being. The sole managing conservator has the exclusive right to make most or all critical decisions for the child. These arrangements are less common and usually arise in cases involving abuse, neglect, or abandonment.
All Custody Cases are Resolved in the Best Interests of the Child
Under Texas law (Texas Family Code § 153.002), all custody and visitation cases are resolved considering what is best for the child(ren). Courts in Southeast Texas apply the best interests of the child standard to determine what custody arrangement is appropriate. A court can review a wide range of different factors to figure out the best interests of the child, including each parent’s existing relationship with the child, each parent’s ability to provide a stable home, any history of abuse or neglect by a parent, and much more.
Consult With Our Child Custody Attorney Today
John Powell is a skilled child custody lawyer and a compassionate, experienced advocate for parents. If you have any questions or concerns about sole custody vs. joint custody, we are here to help. Contact us today for a fully confidential, no-obligation consultation. From our Pearland office, we handle child custody cases throughout Southeast Texas.
