FAQs
Frequently Asked Questions

This is another post in the Super Simple FAQ series…

What is conservatorship in Texas?

Conservatorship is the term used in Texas and most other states to address the legal and physical aspects of sharing children when the parties are no longer or have never been married. Some people say “custody” which is a loose term for conservatorship. The term “custody” actually does not exist in Texas law. The first part of conservatorship in Texas regarding children, the parents will have a title. In Texas, either both parents will have the title “joint managing conservators” or one parent will be called “sole managing conservator” and the other parent will be called “possessory conservator”. In Texas divorce and suits regarding children, the parents start with a presumption for joint conservatorship. Only when there are big negatives, such as domestic abuse, drug/alcohol use, or a pervasive inability to get along, will the sole/possessory titles apply.

Second, the rights and duties regarding the children will be allocated. There are certain rights which are inherent that every parent has regardless of conservatorship titles. Then there are certain rights that may be either shared or allocated to one parent or the other. The main example of a right that must be allocated is the “right to establish the child’s primary residence”. Under Texas law, this right must be given to one parent or another. In rare circumstances, parents may — only by agreement — designate a geographic area as the child’s residence. Sometimes this may be a specific school district or maybe more specifically a particular school feeder zone. Also, the right to receive child support on behalf of the child is usually allocated to one parent. Other examples of rights that may be allocated to one parent would be the right to make educational decisions, the right to make medical decisions involving invasive procedures, or the right to get mental health treatment for a child.

A third aspect of conservatorship is deciding what time the child will spend with each parent. In Texas, this discussion begins with the Texas Standard Possession Schedule, which is presumed to be in the best interest of a child. There are certain expansions that can be requested to the standard possession schedule in Texas, such as the right to pick up the child from school when the period of possession begins. A court can vary from the Texas standard possession schedule based on the circumstances of a particular family.

The fourth aspect of conservatorship is the financial support of the child. This includes regular child support as well as medical support. For child support, Texas has standard child support guidelines for a percentage of net income of the obligor to be paid with a cap on the amount of income considered at $8550/month. The court has some discretion to award in excess of the standard child support guidelines based on the circumstances of the child. For medical support, one parent will be required to provide health insurance for the child. Sometimes providing the health insurance is allocated to one parent, while reimbursement for the cost of the insurance may be allocated to the other parent. Then the uninsured expenses are split between the parents, usually 50/50 or alternatively based on earning capacity.

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.