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Texas Conservatorship Laws

There are two types of conservatorships for children in Texas: managing and possessory.  A managing conservators’ rights include the right to possession and access to the child and the right to inherit and bequeath assets through the child.  A managing conservatorship also gives a parent the right to manage the affairs of the child while that child remains a minor.

There are two types of managing conservatorships:

  • sole managing conservatorship, where one person holds all managing conservatorship rights and responsibilities; and
  • joint managing conservatorship, where two or more persons share the rights and responsibilities of a managing conservatorship.

Texas law presumes that both parents should be appointed joint managing conservator.  However, “joint managing conservatorship” differs from the concept of “joint custody” as that term is defined in other states.  The concept of “joint managing conservatorship” focuses parents on the rights and responsibilities as opposed to mere dominion over the child.

Possessory conservators enjoy the right of access to, or visitation with, the child under a defined schedule, as well as the right to inherit and bequeath assets through the child.  Unless a court finds that allowing possession and access would endanger the physical or emotional welfare of the child and that it is not in the child’s best interest to grant such possession or access, it must appoint a parent as either a managing or possessory conservator.


Inside Texas Conservatorship Laws