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Legal Information: Texas


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November 5, 2020

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.1 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.2 (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.3

A child’s relative might be granted managing or possessory conservatorship. See Other than a parent, who else can file for managing or possessory conservatorship (custody)? for more information.

Note: In determining custody, there should be no discrimination based on sex or marital status.4

1 Tex. Fam. Code § 153.001
2 Tex. Fam. Code § 153.131
3 Tex. Fam. Code §§ 153.005; 153.371; 153.372
4 Tex. Fam. Code. § 153.003