Texas Family Law Info: Joint Custody

Joint Custody - The Myth

Conservatorship

A. Sole Managing Conservatorship vs. Joint Managing Conservatorship

[1] Sole Managing Conservatorship:

Sole Managing Conservatorship
Right to primary possession
Right to receive child support
Right to make decisions

Possessory Conservator
Right to visitation
Duty to pay child support

[2] Joint Managing Conservatorship

JMC With Primary Possession
Right to primary possession
Right to receive child support
Joint right to make decisions

JMC W/out Primary Possession
Duty to pay child support
Right to visitation
Joint right to make decisions

B. Standard of Change for Future Modification

The standard for modifying conservatorships (ie attempting to change custody) in the future is virtually the same. This should not be a consideration in determining whether to be a "sole" or "joint" conservator unless the children may be moved to another state (where the laws may differ as regards these titles).

C. Differences in Visitation and Child Support for "Sole" vs. "Joint"

There is no difference in the payment of child support or in the amount of visitation to be awarded between the different types of conservatorship. Joint Managing Conservatorship is presumed in the best interest of kids.