Frequently Asked Questions

Child Custody Terms

• Conservator — There are four definitions of “conservators” discussed below. Managing conservator, sole managing conservator, possessory conservator and joint managing conservator. If the court appoints one parent the sole managing conservator, then the other parent is typically the possessory conservator. It is more common, however, for the court to appoint the parents as joint managing conservators, and then divide the rights, powers and duties of a parent between the two parents. The court usually starts with the position that joint managing conservatorship is in the best interest of the children. This position of the court may be changed if the court finds that the appointment of the parents as joint managing conservators would significantly impair the child’s physical health or emotional development.
• Managing conservator — Typically, the person who is the “custodial” parent. This parent is usually awarded the right to determine the residence of the child.
• Possessory conservator — The “noncustodial” parent who typically pays child support and has periodic periods of possession of the children (visitation). The periods of possession may or may not be equal in time with the periods of possession of the other parent.
• Joint managing conservator — This term means that both parents share parental rights, privileges, powers and duties with regard to the children and each parent has court-ordered periods of possession. Being named joint managing conservators does not mean that the parents will have equal time with the children or that they will have equal rights. One of the parent joint managing conservators will be awarded the right to choose the primary residence where the children reside.
• Sole managing conservator — This term means that one parent has the primary decisions-making rights, privileges, rights and duties in regard to the children and is usually awarded the right to determine the residence of the child.