Skip to content 
When Child Protective Services (CPS) gets involved in your family's life, the legal language can feel overwhelming and cold. Hearing a term like "conservatorship" might seem confusing, but in Texas, it’s the legal word for what most of us simply call child custody. It’s the official framework that spells out the rights and duties each parent has for their child. Understanding this concept is the first step toward regaining your footing during one of the most frightening times a parent can face.
What Conservatorship in Texas Really Means for Your Family
Walking into a conservatorship case, especially one involving CPS, can feel like the ground is shifting beneath your feet. The legal jargon alone is intimidating when your children are at the heart of it all. But it's crucial to understand that conservatorship isn't about one parent "winning" and the other "losing."
Instead, think of it as a detailed blueprint for how you and the other parent will raise your child moving forward, often from two different homes. The court’s number one goal is to create a stable, safe, and nurturing world for your child, and every decision is aimed at achieving that outcome.
The Best Interest of the Child Standard
Every single decision a judge makes about conservatorship in Texas is filtered through one guiding principle from the Texas Family Code: the best interest of the child. This isn't just a suggestion; it's the legal standard that every piece of evidence and every argument is measured against, especially in a CPS case.
So, what does that actually mean? A judge will look at a whole host of factors to figure out what's truly best for a child, including things like:
- The child's emotional and physical needs, both right now and for the future.
- Any potential emotional or physical danger to the child, now or in the future.
- How stable each parent's home life is.
- Each parent's ability to recognize and act on the child's needs.
A Real-World Example
Let's imagine a mother, Maria, is navigating a CPS case. The agency has expressed concerns about her ex-partner's presence in the home. Maria wants to show the court that she can provide a safe environment for her children. Instead of just promising to keep the ex-partner away, her lawyer advises her to take concrete steps.
Maria provides the court with a copy of her new lease for an apartment she is renting on her own. She enrolls in a parenting class recommended by CPS and provides a certificate of completion. She also creates a detailed daily schedule for her kids, showing how she will manage school drop-offs, homework, and meals. By taking these proactive steps, Maria isn’t just telling the judge she’s a good parent; she is providing tangible proof that she is putting her children’s best interests first. A solid understanding of family law is incredibly helpful here, as many of these core principles overlap.
To give you a snapshot of what these decisions often look like, statistics show that fathers in Texas tend to receive about 33% of the parenting time. That's pretty close to the national average of 35% and shows how courts often balance legal standards with common practices.
At the end of the day, understanding this framework is the most powerful tool you have. It helps replace fear with facts and gives you the confidence to advocate for your family's future. For a deeper dive, you can explore the different types of child custody in Texas right here on our site.
We know the weight you’re carrying at The Law Office of Bryan Fagan. We're here to offer clear, compassionate advice and to fight for the best possible outcome for you and your kids. Reach out today for a free consultation to talk about your situation.
Exploring the Types of Conservatorship
When a Texas court issues orders about your children, it's not a one-size-fits-all situation. The judge’s absolute top priority is to create a structure that serves the child’s best interests. To make that happen, the Texas Family Code gives courts a few different tools to define parental roles and responsibilities.
Think of it as the legal blueprint for your co-parenting life. The court uses specific labels—called conservatorships—to lay out who gets to make the big decisions and how time with the kids is divided. The two main frameworks for conservatorship in Texas are Joint Managing Conservatorship and Sole Managing Conservatorship.
Joint Managing Conservatorship: The Texas Standard
In the vast majority of cases, Texas courts lean toward Joint Managing Conservatorship (JMC). In fact, it's the legal default. The law starts with the presumption that keeping both parents involved in decision-making is what's best for the child.
Now, "joint" doesn't automatically mean a perfect 50/50 split of parenting time, though that can happen. What it does mean is that both parents share the authority and duty to make crucial choices for their child. Even in a JMC, the court will name one parent as the "primary" conservator, who gets to decide where the child lives (usually within a certain geographic area).
Under a JMC, both parents will typically have a say in major decisions about:
- Education: Choosing schools and participating in educational matters.
- Healthcare: Agreeing to non-emergency medical, dental, and psychological care.
- Moral and Religious Training: Guiding the child's spiritual and ethical development.
A great real-world example of JMC is when divorced parents, Maria and David, need to decide if their son gets braces. Even though their son lives with Maria most of the time, David has an equal right to be part of that medical decision. They have to communicate and agree on what's best.
This shared responsibility is the heart of JMC, pushing parents to find common ground for the sake of their child.
When Sole Managing Conservatorship Is Necessary
While JMC is the goal, some situations are just too damaging for shared decision-making. In these more serious cases, often involving CPS, a judge can appoint one parent as the Sole Managing Conservator (SMC).
This gives one parent the exclusive right to make almost all major life decisions for the child without having to get the other parent's approval. Courts don't take this step lightly. An SMC arrangement is usually only ordered when there’s clear evidence that one parent's involvement would be harmful to the child's physical or emotional well-being.
Grounds for an SMC appointment often involve serious issues like:
- A history of family violence.
- Documented child abuse or neglect, as outlined in a CPS investigation.
- A parent's significant substance or alcohol abuse problems.
- Such extreme conflict between the parents that working together is simply impossible.
When a court names one parent the Sole Managing Conservator, the other parent is typically named the Possessory Conservator.
The Role of the Possessory Conservator
The Possessory Conservator is the parent who doesn't have the final say on the big decisions. But that doesn't mean they are cut out of the child's life—far from it. Their rights are centered on possession of and access to their child, which is usually spelled out in a Standard Possession Order.
So, while they may not get to pick the school district, they are fully responsible for the child's daily care, supervision, and well-being during their scheduled time. They also retain the right to get information from the other parent, doctors, and schools about the child's health, education, and general welfare.
Getting a handle on these roles is the first step in navigating your custody case. Whether you're aiming for a cooperative JMC or believe an SMC is necessary to keep your child safe, knowing the legal landscape is your best defense. At The Law Office of Bryan Fagan, we're here to offer the clear, compassionate guidance you need to protect your family's future. Call us for a free consultation to talk about your specific situation.
Navigating the Conservatorship Legal Process
Stepping into the Texas family court system can feel like you've been dropped into a maze without a map, especially when you're already carrying the emotional weight of a family crisis. The legal process for establishing conservatorship in Texas is very structured, following a set of specific legal steps. Our goal is to give you that map and turn what feels like an intimidating journey into a manageable one.
The whole thing kicks off when one parent files an Original Petition in a Suit Affecting the Parent-Child Relationship. Think of this as the official starting gun for the case. It’s the formal document that asks the court to step in and make decisions about conservatorship, who the child lives with, and financial support. If CPS is involved, the agency files this petition.
The First Steps: Temporary Orders and Mediation
Once that petition is filed, one of the first big milestones is the Temporary Orders Hearing. This is a really important early-stage hearing where a judge makes temporary rulings that will stay in place while the rest of the case unfolds. These orders can cover just about everything—from where the child will live for the time being to setting up a temporary visitation schedule and ordering services for parents. You can get a better feel for what to expect in our guide on Texas CPS court hearings and timelines.
After that, many courts in Texas will require both parents to go to mediation. This is a confidential meeting where you and the other parent sit down with a neutral third-party—the mediator—to try and hammer out an agreement on your own terms.
Mediation is often the most empowering part of the process. It's your opportunity to have a direct say in the outcome and craft a parenting plan that truly fits your family's unique needs, rather than leaving every decision in a judge's hands.
A Relatable Scenario: Preparing for Mediation
Let's imagine a father, David, getting ready for his mediation session in a CPS case. He's anxious, worried his concerns about his daughter won't be taken seriously. His attorney tells him to come armed with proof—documents that show how involved he is in his daughter's life and how he has complied with every CPS requirement.
So, they get to work and gather:
- Certificates of Completion: Proof that he finished his parenting classes and counseling sessions.
- Clean Drug Test Results: A file of every negative test to show he is maintaining sobriety.
- A Proposed Schedule: He creates a detailed calendar showing a thoughtful plan for reunification and how he will ensure his daughter's safety moving forward.
By bringing these concrete examples, David turns his emotional plea into a powerful, fact-based argument. He’s not just saying he’s a good dad; he's proving it. This kind of preparation is absolutely essential. To build a strong case, you need to know how to conduct legal research effectively so you understand the laws that apply to your situation.
The infographic below gives you a bird's-eye view of the process, from filing the first papers to getting a final court order.
This visual just helps show that the legal journey, while definitely complex, follows a logical path toward a final resolution.
If you can’t reach an agreement in mediation, your case will move on to other stages like discovery—where you formally swap information and documents with the other parent—and eventually, a final trial. At every single stage, your greatest assets are solid preparation and guidance from someone who knows the system. We're here to help you present your case with confidence.
Understanding Your Rights and Responsibilities
That final conservatorship order from the court is far more than just a piece of paper. Think of it as the official blueprint for your life as co-parents. This document spells out every specific right and duty you have as a conservator, and understanding every single line is crucial. This order will be your guide for how you and the other parent make decisions and care for your child for years to come.
When parents are named Joint Managing Conservators—which is the most common outcome for conservatorship in Texas—they share many of the basic rights of parenthood. But the court order will almost always give one parent the exclusive right to make certain key decisions. This is where the details really start to matter.
The Power to Make Key Decisions
One of the most important parts of any conservatorship order is how it splits up the decision-making powers. We're talking about the major life choices that will shape your child's future. The Texas Family Code gives judges the flexibility to divide these rights in whatever way they believe serves the child's best interests.
Here are some of the most common rights that are either shared or assigned exclusively to one parent:
- Designating the Child's Residence: Usually, one parent gets the exclusive right to decide where the child lives. This is often limited to a specific geographic area, like a certain county or school district.
- Making Educational Decisions: This is the power to choose your child's school and give consent for school-related activities.
- Consenting to Medical Care: This covers all non-emergency medical, dental, and psychological treatment for the child.
- Managing Psychological and Psychiatric Treatment: This is the specific right to consent to counseling or other mental health services for your child.
Imagine this scenario: Maria has the exclusive right to make educational decisions for her son, Leo. While his father, David, can and should absolutely attend parent-teacher conferences and be involved, Maria has the final say on whether Leo switches from public school to a private one.
The Fundamental Duties of Every Parent
Beyond the right to make decisions, every conservator has a set of fundamental duties they owe to their child. These aren't up for debate; they are the non-negotiable responsibilities that focus on providing a safe, supportive, and stable environment.
These duties are really the baseline of good parenting under the law. They include things like:
- Providing the child with clothing, food, and shelter.
- Caring for, controlling, and reasonably disciplining the child.
- Supporting the child's emotional and physical well-being.
- Providing financial support for the child.
Financial Responsibilities and Child Support
That last duty—providing financial support—is formalized through child support orders. In Texas, child support is calculated using a specific formula based on the paying parent's net monthly resources. It's a critical piece of the puzzle to make sure your child's needs are met consistently.
This is also an area of the law that's always evolving. For instance, recent Texas family law reforms are going to have a direct impact on many families. Effective September 1, 2025, a new law raises the cap on net monthly resources used in child support calculations from $9,200 to $11,700. This adjustment means that for cases filed after that date, the maximum child support payments could jump by hundreds of dollars per month, depending on how many children are involved. You can read more about these updates and other Texas Family Code changes to stay informed.
Grasping the full scope of your rights and responsibilities allows you to act confidently within the lines of your court order and, most importantly, provide a stable foundation for your child. If you have questions about what your order means or how these laws apply to you, our team at The Law Office of Bryan Fagan is ready to provide clarity. Call us today for a free, confidential consultation to discuss your case.
When CPS Gets Involved in Your Conservatorship Case
That first knock on the door or an unexpected phone call from Child Protective Services (CPS) is a moment that can make any parent’s world stop turning. It’s a terrifying experience that plunges you into a state of fear, confusion, and a desperate need for answers. If CPS has entered your family’s life, it's absolutely critical to understand that the entire landscape of your conservatorship in Texas has just changed dramatically.
You're no longer just dealing with the other parent. Suddenly, you're up against the immense power of the state. This isn't just a regular custody dispute anymore; it's a situation governed by specific, powerful sections of the Texas Family Code, particularly Chapters 262 and 263. These laws give CPS the authority to investigate allegations and, in the most serious cases, remove children from their homes.
The State as Temporary Managing Conservator
When CPS believes a child is in immediate danger, they can file a lawsuit and ask a judge to name the Texas Department of Family and Protective Services (DFPS) as the Temporary Managing Conservator of your child. Think of it as the state hitting a giant pause button on your parental rights.
This court order temporarily strips you of the legal authority to make decisions for your child and hands that power over to the state. It's a profoundly difficult and often traumatic experience. Your ability to see your child, make medical decisions, or even know where they are living can be severely restricted. At this stage, the court’s one and only goal is to ensure the child’s safety while the agency investigates the allegations.
To get a better handle on the initial steps of this overwhelming process, take a look at our guide on understanding the CPS removal process in Texas.
Navigating the CPS Service Plan
If your child is placed under the state's temporary conservatorship, the next step is the creation of a Family Service Plan. This document is basically a legally binding roadmap drawn up by CPS, outlining exactly what you must do to have your child returned to your care.
This isn't a list of suggestions—it's a set of mandatory tasks. Your action and cooperation are not optional. The service plan will require you to complete specific actions, which might include:
- Attending parenting classes or individual counseling.
- Submitting to drug and alcohol assessments and follow-up testing.
- Completing a psychological evaluation.
- Securing and maintaining stable housing and employment.
- Showing up for every single scheduled visit with your child.
Imagine a mother, Jessica, whose children were removed because of concerns about her ex-boyfriend's substance abuse. Her service plan requires her to attend therapy, complete a parenting course, and keep her home free of unauthorized people. By diligently showing up to every class, providing clean drug tests, and documenting her progress for the caseworker, Jessica is building a mountain of evidence to show the court she is committed to creating a safe home.
Jessica's story highlights a crucial point: your active and dedicated participation is your best and only path to reunification. Every completed service, every clean drug test, and every positive report is a piece of evidence you're collecting for your final hearing.
The Path to Reunification
The CPS legal process operates on a strict timeline, typically lasting about 12 months, though it can be extended for another six under certain circumstances. Throughout this period, you’ll have regular status hearings where the judge reviews your progress on the service plan. This is your chance to show the court you are taking every necessary step to resolve the issues that brought CPS into your life in the first place.
Successfully completing your service plan is the key that unlocks the door to getting your children back. It takes immense effort, patience, and resilience. This is why having an experienced attorney who truly understands the CPS system isn't just helpful—it's essential. They can protect your rights, help you communicate effectively with your caseworker, and present your progress to the judge in the most compelling way possible.
The state is also making efforts to improve how these cases are managed. In Fiscal Year 2025, DFPS reported adding 22 new Master Conservatorship staff positions to improve oversight and support for families. While the system is far from perfect, these investments aim to lower caseworker caseloads and improve outcomes for parents working toward reunification.
The road through a CPS case is undeniably one of the hardest a parent can walk. We see the fight and dedication of parents like you every single day. We are here to stand with you, offering the skilled and compassionate legal representation you need to bring your family back together.
A Few Common Questions About Conservatorship
The road through a conservatorship case is almost always paved with questions. As you start to navigate this complex legal world, all sorts of practical concerns and "what if" scenarios are bound to pop into your head. This section is all about getting you clear, direct answers to the questions we hear most often from Texas parents, helping you find a little more clarity and confidence.
We've laid out the big-picture concepts of conservatorship in Texas, but these are the kinds of practical, real-world questions that come up once families are actually in the thick of it.
Can We Ever Change a Texas Conservatorship Order?
Yes, absolutely. A court order isn't meant to be a life sentence. Life happens, things change, and the law gets that. What worked perfectly for your four-year-old might be completely wrong for them as a teenager.
To get a court order changed, you have to file a formal Petition to Modify the Parent-Child Relationship. It's a serious legal step, and to win, you have to prove two very specific things to a judge:
- There’s been a "material and substantial change" in the circumstances of a parent or the child since the ink dried on the last order.
- The change you're asking for is truly in the child's best interest.
So, what counts as a "material and substantial change"? It could be almost anything significant—a parent moving to another state, a major shift in someone's income, a child developing new needs, or even new concerns about a child's safety. This isn't a casual conversation; it's a formal legal action that demands solid evidence and a court hearing, which is why having legal guidance is so critical.
What's the Real Difference Between a Managing and Possessory Conservator?
This is one of the most important distinctions in any Texas custody order, and it all boils down to one thing: decision-making power.
A Managing Conservator (whether they are Sole or Joint) is the one who holds the legal authority to make the big decisions for the child. Think of them as the CEO of the child’s upbringing. They have the final say on things like where the child goes to school, non-emergency medical decisions, and any psychological care.
A Possessory Conservator, on the other hand, doesn’t have those primary decision-making rights. Their role is centered on their right to have the child with them during their court-ordered visitation periods. Of course, they are responsible for the day-to-day care and safety of the child when they're together, but they don't get to call the shots on the major life issues.
Does My Child Get to Decide Which Parent to Live With?
This question comes up a lot, especially as kids get older. The short answer is no, but their voice can be heard. Texas law carves out a specific way for older children to express what they want, but it's not as simple as them making the final call.
Once a child turns 12, they have the right to talk to the judge privately in their office, or "chambers." The judge will listen to the child's wishes about which parent they’d prefer to live with most of the time.
But it is absolutely critical to understand this: the child's preference is not the deciding factor. It's just one piece of a much larger puzzle. A judge will carefully consider the child's maturity and their reasons for their choice, but the court’s final decision must always, always be based on the overall "best interest of the child." A child's desire is influential, but it will never override the judge's duty to weigh every single factor.
What Can I Do if the Other Parent Is Ignoring the Court Order?
There is nothing more frustrating than a co-parent who decides a court order is optional. Whether they’re denying your scheduled time with your child, refusing to pay child support, or violating any other part of the order, you have legal options. The key is to act decisively and follow the proper legal steps.
If the other parent isn't following the rules, you can file a Motion for Enforcement with the court. This is a formal legal action that basically tells the judge, "I need you to step in and force them to follow the order you signed."
When you file for enforcement, you have to be ready to prove the violations with specific, documented evidence. Vague complaints like "they're always late" won't cut it. You need a detailed log of dates, times, and exactly how the order was broken.
If the judge agrees the other parent violated the order, they have a whole toolbox of remedies:
- Ordering make-up visitation time to compensate for what you lost.
- Making the non-compliant parent pay your attorney’s fees and court costs.
- Imposing fines and other financial penalties.
- In serious or repeat cases, finding the parent in contempt of court, which can lead to probation or even jail time.
Documenting every single violation is the most powerful tool you have. Your careful records will be the foundation of a strong enforcement case and show the judge just how serious the problem is.
Navigating the maze of conservatorship, especially when CPS is involved, requires more than just legal knowledge—it demands a compassionate advocate who will fight for your family. The attorneys at The Law Office of Bryan Fagan, PLLC are here to provide the steady, authoritative guidance you need to protect your rights and work toward reunification. If you are facing a CPS case or have questions about your conservatorship order, contact us today for a free, confidential consultation. Let us help you find the right path forward for you and your children. You can reach us at https://texascpslawyer.net.
