What Is the Difference Between Sole and Joint Legal Custody in Texas?

 Posted on May 18, 2025 in Child Custody

Having legal custody of a child entails certain responsibilities and rights that every custodial parent should understand. Legal custody, known in Texas as managing conservatorship, grants you the right to make decisions about things like education and healthcare for your child. If you are facing a custody case, you should know the difference between sole and joint legal custody and how Texas courts determine the allocation of those rights. Then, speak to a Palo Pinto, TX child custody attorney about any questions you have regarding the legal process.

What Is Sole Legal Custody in Texas?

If you are granted sole managing conservatorship of your child, you are responsible for making all the decisions regarding essential elements of their upbringing. As the only managing conservator, you will choose how to address the following elements:

• Medical care, including basic health care needs, vaccinations, and choice of medical professionals

• Education, namely, where your child will go to school and what type of education they will receive

• Extracurricular activities, such as music lessons and sports

As the parent with sole legal custody, you would not need to consult with your child’s other parent about any of these decisions. However, this type of custody is not as common anymore. To request sole custody, you must prove that joint managing conservatorship would be a danger to your child’s well-being.

What Is Joint Legal Custody in Texas?

Joint managing conservatorship entails all the same decision-making responsibilities, but under this arrangement, you would share them with your co-parent. Both of you would have equal rights over making important decisions about your child’s life. For example, you would consult with one another before deciding where to send your child to school, and you both must agree for the choice to be finalized.

How Does a Texas Court Determine Sole or Joint Custody?

Parents will sometimes create a parenting plan on their own or go through mediation to work out any disputes outside the courtroom. However, when you cannot come to an agreement on how to handle conservatorship, the court will assess your case and make the decisions for you. According to Texas law, the judge’s central concern is protecting the child’s best interests. Factors they will consider include:

• The relationship your child has with both parents

• The health, stability, and financial situation of each parent

• The child’s daily life until the present day, including where they live and go to school

• The child’s physical and emotional needs

• Whether there is a history of violence, neglect, abuse, or substance issues in the family

If your child is over 12, the judge will likely allow them to express their thoughts on custody, but the court has the final say.

Contact a Palo Pinto, TX Child Custody Attorney for a Consultation

If you are currently in a custody battle or about to file for custody in Texas, you would benefit from speaking to a Parker County, TX child custody lawyer at The Law Offices of Kary L. Key to help you understand your rights and protect your child’s best interests. Circumstances can vary drastically from case to case, but when a custody case is contested, it can be challenging to reach a comfortable resolution. Call 817-599-6969 to schedule a consultation with an experienced legal representative today.