Child Custody Attorney in El Paso County

How Texas Conservatorship & Possession Work

Texas law uses the term conservatorship for the legal rights and responsibilities commonly called child custody. Chapter 153 of the Texas Family Code governs conservatorship, possession, and access. Possession and access concern when each parent has the child, while conservatorship addresses parental rights and decision-making authority.

A sole managing conservatorship gives one parent specified legal rights to make decisions for the child. Joint managing conservatorship assigns rights and responsibilities to both parents. Section 153.131(b) generally creates a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest, but evidence can overcome that starting point.

Decision-making rights. Legal custody can cover decisions about education, religious affiliation, medical care, and extracurricular activities. A court order identifies which decisions a parent can make independently, which require consultation, and which rights belong exclusively to one parent.

Possession & Access

Physical custody concerns where the child lives and the time each parent spends with the child. It may be sole or shared, with visitation rights established for the other parent. Joint managing conservatorship doesn’t require equal or nearly equal parenting time under Section 153.135.

When parents can’t agree on a schedule, Subchapter F of the Texas Family Code provides for a standard possession order with specified parenting times. Courts also can’t base conservatorship or possession decisions on the sex or marital status of a parent or child.

What Courts Consider in El Paso County Custody Cases

Under Section 153.002, the child’s best interest is the primary consideration in conservatorship and possession decisions. Courts may evaluate the child’s physical and emotional needs, the stability of each home, parental cooperation, and which parent has served as the primary caregiver.

Allegations that a parent is unfit require a separate, evidence-based assessment. Relevant concerns can include domestic violence or abuse, an unsafe living environment, a history involving drugs or alcohol, or mental illness that inhibits the parent’s ability to perform guardianship duties.

Evidence relevant to an unfitness allegation may include:

• Voicemails and text messages
• Witness statements and phone logs
• Police reports documenting relevant incidents

An unfitness finding doesn’t automatically terminate parental rights. Depending on the evidence and the child’s needs, a court may establish supervised or unsupervised visitation. We assess the allegations, available records, and requested parenting arrangement rather than treating conservatorship and visitation as the same issue.