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Legal Information: Texas


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April 10, 2018

Who can get conservatorship (custody)?

It is the public policy of Texas that a child have frequent and continuing contact with his/her parents and have the parents share the rights and responsibilities of raising their child as long as it is in the best interest of the child.* The law favors granting parents sole or joint managing conservatorship but evidence of family abuse is taken into serious consideration when determining the best interest of a child.** (See Can a parent who committed violence get “custody” (conservatorship) or “visitation” (access)?) Alternatively, a competent adult, a licensed child-placing agency, or the Department of Family and Protective Services can be appointed sole or joint managing conservator of a child.***

A child’s relative might be granted managing or possessory conservatorship. See I am a child’s relative. Can I get managing or possessory conservatorship? for more information.

Note: In determining custody, there should be no discrimination based on sex or marital status.****

* Tex. Fam. Code § 153.001
** Tex. Fam. Code § 153.131
*** Tex. Fam. Code §§ 153.005, 153.371- 153.372
**** Tex. Fam. Code. § 153.003