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Protecting What Matters Most
Protecting What Matters Most
When parents in Austin face questions about legal rights over their children, finding the right Austin conservatorship lawyer can make all the difference in how those questions get resolved. In Texas, conservatorship determines who makes decisions for a child and how parenting time is structured. The stakes are real, and so is the stress that comes with it. Whether you are going through a divorce, dealing with a custody dispute, or trying to protect your child from a difficult situation at home, the decisions made in your case will shape your relationship with your child for years to come.
At Evans Family Law Group, we understand what is on the line, and we are here to help you move forward with a clear plan.
Conservatorship is the legal term Texas uses for what most people think of as custody. It covers who has the right to make decisions for your child, including choices about school, medical care, and daily life, and it is separate from where your child actually lives. Texas courts approach every conservatorship case with one question at the center: what is in the best interest of this child? That question drives every decision a judge makes, and it is the same question we help our clients answer with confidence.
Texas law recognizes three types of conservatorship. Understanding the differences helps you know what to expect and what you are working toward.
Joint managing conservatorship is the starting point in most Texas cases. It means both parents share the right to make important decisions for their child, even if the child lives primarily with one parent. Courts favor this arrangement, but it is not guaranteed. Under Texas Family Code Section 153.135, a judge cannot name a parent as a joint managing conservator if there is a history or pattern of family violence. Texas courts take this seriously. Even a single documented incident of domestic violence can be treated as a pattern, which can change the entire direction of your case.
When joint conservatorship is not in the child’s best interest, the court may give one parent sole managing conservatorship. That parent makes the major decisions on their own, covering everything from healthcare to where the child goes to school. This outcome is most common when one parent has a history of substance abuse, serious mental health concerns, criminal convictions, or family violence. If you are in that situation, whether you are trying to protect your child or defend your own parental rights, we can help you understand what the path forward looks like.
If one parent is named the sole managing conservator, the other becomes the possessory conservator. This does not mean losing your relationship with your child. Texas Family Code Section 153.371 outlines the rights that come with this role, including the right to spend time with your child and stay informed about their life. Courts have flexibility in setting possession schedules, and the goal is always to keep both parents meaningfully involved when it is safe to do so.
When a judge in Austin decides conservatorship, they look at the full picture of your family’s situation. They consider how involved each parent has been in the child’s daily life, the strength of each parent’s relationship with the child, where each parent lives, and whether each parent can put the child’s needs first. When there is a history of domestic violence, it carries serious weight. It is not just one factor among many. It can take joint managing conservatorship completely off the table and shift the court’s focus to what contact, if any, is safe for the child.
A conservatorship order is not permanent when life changes. To modify an existing order, you need to show the court that something significant has changed since the order was put in place. Moving to a new city, a major change in your child’s needs, or new evidence of abuse or neglect can all support a modification request. The standard is always in the best interest of the child, and the parent asking for the change carries the burden of making that case.
Conservatorship cases can get complicated quickly, and the outcome affects your child and your role as a parent. An experienced Austin conservatorship lawyer can help you understand where you stand, build a strategy that fits your situation, and represent you in court or at the negotiating table. Whether you are establishing a new order, protecting your parental rights, or modifying an existing arrangement, having the right attorney makes a real difference.
Your relationship with your child is worth fighting for. At Evans Family Law Group, we take that seriously in every case we handle. If you are facing a conservatorship matter in Austin or the surrounding counties, call us at (512) 628-2550 to talk through your situation with an Austin conservatorship lawyer who will listen and help you build a real plan.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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