“Conservatorship” is the Texas word for what most people call legal custody: the rights and duties a parent has toward a child. For New Braunfels parents, the conservatorship section of the order decides who chooses the school, who signs the consent for surgery, and who decides whether the child lives near the Comal River or across town in Guadalupe County. As a family law attorney practicing in Comal County, we find that most custody disputes are really disputes about a few specific rights, not about who “wins custody.”
The Three Basic Labels
Joint Managing Conservators
Texas law presumes that appointing both parents as joint managing conservators is in the child’s best interest (Tex. Fam. Code § 153.131). Joint managing conservatorship means both parents keep meaningful rights and responsibilities. It does not mean every right is shared equally, and it does not require a 50/50 schedule.
Even with joint conservatorship, the order almost always names one parent who has the exclusive right to designate the child’s primary residence. That parent is often called the “primary” parent. Child support usually flows to that parent.
Sole Managing Conservator
A court may name one parent sole managing conservator when joint conservatorship would not serve the child. That parent holds most decision-making rights alone. Common reasons include:
- a history or pattern of family violence, child abuse or neglect
- a parent who has been absent from the child’s life for a long time
- serious, ongoing substance abuse
- parents who cannot communicate at all, making shared decisions unworkable in practice
When there is credible evidence of a history or pattern of family violence, Texas law strongly restricts appointing that parent as a joint managing conservator (§ 153.004).
Possessory Conservator
The parent who is not named managing conservator is usually named possessory conservator. That parent typically has scheduled possession and keeps a set of basic rights, unless the court finds limits necessary.
Rights Every Parent Usually Keeps
Unless a court orders otherwise, a Texas order usually gives each parent rights such as:
- receiving information from the other parent about the child’s health, education and welfare
- talking with the other parent before decisions about the child’s health, education and welfare are made
- access to medical, dental, psychological and school records
- talking with doctors, teachers and school staff
- attending school activities, including lunches, performances and conferences
- being listed as an emergency contact
- consenting to emergency medical treatment
These rights matter in daily life. A parent who lives in Canyon Lake and has a child at a New Braunfels school can still check grades online, meet with teachers and eat lunch with the child.
The Rights That Get Fought Over
The real negotiation usually centers on a short list of rights. For each one, the order says whether the parents share it equally, must agree, or one parent holds it exclusively (sometimes after consulting the other):
| Right | What it controls |
|---|---|
| Designate primary residence | Where the child mainly lives, often within a geographic area |
| Consent to non-emergency medical and dental care | Surgery, orthodontics, ongoing treatment |
| Consent to psychological and psychiatric treatment | Counseling, therapy, medication |
| Make educational decisions | School choice, special education plans, enrollment |
| Receive child support | Who the support is paid to |
| Represent the child in legal matters | Lawsuits and similar proceedings |
| Consent to marriage or military enlistment | Rare, but listed |
| Passport and travel decisions | Applying for and holding the child’s passport |
Examples of how these get divided
For example, imagine parents who live a few miles apart in New Braunfels. They might agree that both share medical decisions after talking, that the mother has the exclusive right to make educational decisions, and that the father holds the passport. Another family might give one parent most exclusive rights because communication has broken down. There is no single template. A good order reflects how the family actually functions.
How Comal County Judges Decide
When parents cannot agree, the judge applies the best-interest standard. The court looks at evidence such as:
- which parent has been handling school, medical care and daily routines
- each parent’s ability to put the child’s needs ahead of their own
- whether a parent supports the child’s relationship with the other parent
- stability of each home, including work schedules and long commutes up I-35
- any family violence, neglect, or drug or alcohol problems
- the child’s wishes, in appropriate cases (see your child’s preference)
Texas law also prohibits courts from considering a parent’s sex or marital status in these decisions. Neither mothers nor fathers start ahead.
A judge may appoint an amicus attorney, a guardian ad litem, or a professional to complete a custody evaluation or home study. These steps add time and cost, but they can give the court a clearer picture in close cases.
Agreements Usually Shape the Result
Most conservatorship issues are settled, not tried. Mediation is common in Texas family cases and is often required before a contested final trial. Settling gives parents control over details a judge might not have time to address, such as how they will choose a counselor or which parent handles extracurricular sign-ups. Our mediation preparation guide explains how to get ready.
If you are still married, conservatorship is decided inside the divorce. See divorce with children. If you never married, a separate suit affecting the parent-child relationship creates these orders, as explained on our unmarried parents page.
Changing Conservatorship Later
A conservatorship order is not permanent. If circumstances change in a material and substantial way, either parent can ask the court for a modification. Changing who designates primary residence within one year of the last order requires a sworn affidavit with specific supporting facts.
Talk With a Comal County Family Law Attorney
Conservatorship language can look like fine print, but it controls the decisions that shape your child’s life. Our office has helped New Braunfels and Comal County parents negotiate and try these issues for more than a decade. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Does joint managing conservatorship mean 50/50 time?
No. Joint managing conservatorship is about sharing rights and duties, not about the calendar. Many joint managing conservators follow a Standard Possession Order, while others agree to an equal schedule. The possession schedule is a separate part of the order.
What is a possessory conservator?
When one parent is named sole managing conservator, the other is usually named possessory conservator. That parent normally keeps visitation under a schedule and certain basic rights, such as access to school and medical records, unless the court limits them.
Can the parent without primary residence still make decisions?
Often yes. Orders can give both parents equal say on some decisions, give one parent the final word on others, or require agreement. It all depends on how the rights are divided in your specific order, so read it closely.
Can a non-parent be named a conservator?
Yes, in some situations. Grandparents and other relatives can seek conservatorship if they meet the standing rules and can overcome the presumption favoring parents. Our grandparents’ rights page explains the basics.
What is a geographic restriction?
It is a limit in the order on where the parent with the right to designate the child’s primary residence may set that residence, often a county plus the counties around it. Read about relocation for details.
Last reviewed November 13, 2026. General information only, not legal advice.