Five Important Terms in a Texas Divorce Involving Kids

 Posted on January 14, 2025 in Child Custody

In Texas, family law uses specific terms that can seem confusing at first, especially because they are different from commonly used terms like "child custody" and "visitation." If you are thinking about getting a divorce, taking the time to learn these terms and what they mean can make divorce easier and less stressful. At Brandon Wong & Associates, our Texas divorce and family law attorneys focus on making the divorce process approachable for everyone. Call us today. 

Conservatorship

In Texas, "conservatorship" refers to the legal rights and responsibilities a parent has regarding their child. Instead of terms like "custody," Texas law uses "conservator" to describe a parent's role. There are two main types:

• Joint Managing Conservatorship (JMC): Both parents share decision-making responsibilities for major aspects of the child’s life, like education and medical care.

• Sole Managing Conservatorship (SMC): Only one parent has the authority to make these decisions.

• Possessory Conservators (PC): A possessory conservator is a parent without decision-making responsibilities but with the right to spend time with the child. 

The court’s goal is to prioritize the child’s best interests when deciding conservatorship arrangements.

Possession and Access

"Possession and access" define the time each parent spends with their child. Think of "possession" as physical custody, while "access" is the right to visit or spend time with the child, including remotely like on the phone or over social media. Parents are encouraged to work together to create a parenting schedule, but if they cannot agree, the court will step in to establish a plan.

Standard Possession Order (SPO)

When parents cannot agree on a schedule, Texas courts often use a Standard Possession Order (SPO). This order lays out a detailed parenting schedule, including guidelines for weekends, holidays, and summer vacations. The SPO is designed to give both parents quality time with the child while maintaining stability.

For parents living within 100 miles of each other, the SPO provides a structured plan. For those farther apart, the schedule may differ to account for travel time.

Best Interests of the Child

The "best interests of the child" is the guiding principle in all decisions involving kids. Texas courts consider many factors when determining what arrangement benefits the child, such as:

• The child’s emotional and physical needs

• Each parent’s ability to provide a stable environment

• Any history of family violence or neglect

• The parents’ preferences, and, if appropriate, the child’s preferences

This principle ensures that every decision prioritizes the child’s well-being above all else.

Right of First Refusal

A "right of first refusal" clause is a section parents can include in their divorce decree that requires parents to use each other for backup childcare when the parent with possession time is not available. The right of first refusal should state the specific circumstances that need to be met before triggering the clause, as well as how parents should notify each other and how much time they have to respond before seeking other childcare. 

Contact a Bexar County, TX Divorce Attorney

If you have questions about divorce and parenting arrangements in Texas, contact a San Antonio, TX child custody lawyer at Brandon Wong & Associates today. Call 210-201-3832 to schedule a consultation and learn about how we can help you protect your parental rights throughout your divorce.