New post: What "Sole Custody" Really Means in Texas: A Family Lawyer's Guide to Conservatorship - When parents are going through a divorce or separation in Houston, Texas, one of the most common requests I hear is, "I want sole custody of my child." It's a phrase that carries deep emotional weight, but the reality is that "sole custody" means different things to different people – and in Texas, we actually use different terminology altogether.
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THE TRUTH ABOUT "CUSTODY" IN TEXAS
In Texas, we don't actually use the term "custody" in our legal system. Instead, we talk about CONSERVATORSHIP. This distinction isn't just legal jargon – it fundamentally changes how we approach child-related decisions in family law cases.
When a parent tells me they want "sole custody," I always ask them to clarify what they're really seeking. Usually, they fall into one of two categories:
* COMPLETE POSSESSION: They want their child to live with them full-time, with little to no contact with the other parent
* DECISION-MAKING AUTHORITY: They want the right to make all major decisions about their child's life
The key thing to know is that conservatorship in Texas focuses primarily on RIGHTS AND DUTIES, not necessarily on how much time each parent spends with the child.
HOW TEXAS COURTS VIEW CONSERVATORSHIP
Texas family courts operate under a strong presumption that children benefit from having both parents involved in their lives. Judges...