Conservatorship Attorney in San Antonio
Texas Family Law Representation for Parental Rights & Decision-Making
In Texas, the word “custody” doesn’t appear in the Family Code. What most parents call custody is legally called conservatorship, and it governs who has the right to make major decisions about a child’s education, healthcare, and welfare. Possession and access, a separate legal concept, addresses parenting time. Getting this distinction right from the start matters when your parental rights are on the line.
Wilson Law has represented San Antonio families in conservatorship matters since the firm was founded in 1983. Our family law practice covers the full range of conservatorship proceedings, from first-time orders to contested modifications, and we make sure each client understands their rights under Texas Family Code Chapter 153 before any filing is made.
We offer free initial consultations for conservatorship matters. Call our San Antonio office at (210) 405-4919 to speak with a member of our team about your situation.
Have Questions?
We Have Answers!
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What is a “legal separation?”Texas, unlike other states, does not recognize a “legal separation.” Instead, temporary orders concerning marital issues (financial issues, child conservatorship, matters of residence) can be granted while a divorce is pending.
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What does a “temporary order” mean in Texas?
Texas law does not recognize “legal separations.” Instead, after a divorce is filed, either party may request a “temporary order,” which determines the temporary situation until the divorce is decreed.
For example, a temporary order can dictate who will remain in the house, pay what bills, and visitation matters for the non-custodial parent. It’s important to understand that a temporary order is not always required.
Also, if the parties involved agree to the temporary order, there may not need to be a hearing. However, some situations are so volatile that a judge is asked to impose a temporary order after listening to the evidence presented.
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In Texas, is marital property automatically divided 50/50?Texas law does not insist that property must be divided equally. Instead, a judge will divide the community estate into a “just and right” division.
Why San Antonio Families Work with Wilson Law
Founded in 1983 by William A. Wilson, our firm has built its practice on a straightforward principle: we treat every client’s legal matter as we would our own. That approach has earned us longstanding relationships with San Antonio families and a referral-based reputation that has grown steadily for over four decades.
Eric D. Wilson, a San Antonio native and member of both the San Antonio Bar Association and the State Bar of Texas, leads the firm’s family law practice. Wilson Law holds a Martindale-Hubbell Preeminent rating, an AVVO 10.0 Top Attorney rating, and is Lead Counsel Verified. The firm is also a Fellow of the Texas Bar College.
Clients aren’t treated as case numbers here. We take the time to understand the specifics of your family situation before recommending a path forward, whether that’s a negotiated parenting plan or a contested hearing in Bexar County family court.
Types of Conservatorship Under Texas Family Code Chapter 153
Texas law recognizes three conservatorship designations. Each carries different rights, and courts assign them based on the family’s circumstances and the best interest of the child.
Joint Managing Conservatorship (JMC)
JMC is the statutory presumption in Texas. Both parents share decision-making authority over the child’s education, healthcare, and welfare. One parent typically holds the exclusive right to designate the child’s primary residence, often subject to a geographic restriction. Joint managing conservatorship doesn’t mean equal time with the child.
Sole Managing Conservatorship (SMC)
One parent holds the exclusive right to make major decisions. Courts may grant SMC when a parent has a documented history of family violence, neglect, or substance abuse. Under Texas Family Code § 153.004, a court may not appoint joint managing conservators when credible evidence of child neglect or physical or sexual abuse is presented, and a finding of family violence removes the presumption in favor of joint managing conservatorship.
Possessory Conservator
A possessory conservator has rights of possession and access but not primary decision-making authority. Even in this role, a parent retains the right to be informed of major decisions affecting the child. When a child is at least 12 years old, Texas courts may consider that child’s preference regarding conservatorship, though the court retains final discretion.
How Conservatorship Cases Move Forward in San Antonio
Not every conservatorship case ends in a courtroom. Many families reach workable agreements through negotiation or mediation. When that isn’t possible, we’re prepared to litigate before a Bexar County family court judge.
Negotiated Parenting Plans
Parents who reach an agreed conservatorship arrangement must still submit it to the court for approval. A judge reviews the proposed parenting plan to confirm it serves the child’s best interests before it becomes a binding order.
Mediation
A neutral mediator works with both parents to reach a conservatorship arrangement without a contested hearing. A mediated settlement agreement that meets the requirements of the Texas Family Code is binding on both parties. We also offer family law mediation as a standalone service, separate from full representation.
Contested Litigation
When a parent won’t negotiate in good faith, a contested conservatorship hearing can become necessary. We present your case to the judge, supported by documentation of your parenting history, your child’s circumstances, and the factors courts weigh under the best-interest standard.
Conservatorship Modifications
An existing order can be modified when the requesting party demonstrates a material and substantial change in circumstances and that modification serves the child’s best interest. Modifications can also be formalized by agreement if both parents consent. A child who is at least 12 years old may express a preference in a modification proceeding, which the court may consider but isn’t required to follow.
The Best-Interest Standard in Bexar County Family Court
Every conservatorship decision in Texas is governed by one primary consideration: the best interest of the child. Texas Family Code § 153.001 states that public policy is to assure children have frequent and continuing contact with parents who have shown the ability to act in the child’s best interest, to provide a safe and stable home environment, and to encourage parents to share in the rights and duties of raising their child after separation.
Bexar County family courts evaluate several factors when determining what arrangement serves a child best:
- Each parent’s ability to meet the child’s emotional and physical needs on a consistent basis
- Home stability and the quality of each parent’s living environment
- Parenting history and each parent’s level of involvement in the child’s life prior to the proceeding
- Family violence, neglect, or substance abuse by either parent
- The child’s ties to school, community, extended family, and activities
All proposed parenting plans, including those reached by agreement, are reviewed by the court before they take effect. We can help you document the factors that support your position and present them effectively in court.
Conservatorship Questions from San Antonio Parents
Is conservatorship the same as custody in Texas?
Functionally, yes, but the terminology is different and legally significant. Texas uses “conservatorship” in the Family Code, not “custody.” Conservatorship governs parental decision-making rights over a child, while possession and access governs the schedule of parenting time. Understanding the distinction helps parents know exactly what they’re negotiating or litigating.
What’s the difference between conservatorship and guardianship?
These are separate proceedings in different courts. Conservatorship under Chapter 153 of the Texas Family Code is a family court matter addressing parental rights over a child. Guardianship is handled by probate courts and is designed to assist an incapacitated adult who can’t manage their own personal or financial affairs. If you’re uncertain which applies to your situation, we can help you identify the right proceeding.
Can a non-parent be named a conservator?
In certain circumstances, yes. A grandparent or other relative may be appointed as a managing conservator when a court finds that appointing a parent would significantly impair the child’s physical health or emotional development. These cases involve a higher legal threshold than a standard conservatorship dispute between parents.
How do I start a conservatorship case in San Antonio?
Contact our office for a free initial consultation. We can review your situation, explain your rights under Texas law, and help you determine the right path forward, whether through negotiation, mediation, or court proceedings in Bexar County. Call (210) 405-4919 to schedule your consultation with our San Antonio conservatorship attorneys today.
