A Child Custody case is referred to as a “Suit Affecting the Parent-Child Relationship” or SAPCR. When divorcing spouses have children who were born or adopted during the marriage, the SAPCR is part of the divorce case. When non-married parents separate or need orders regarding the custody and support of their children, the SAPCR is a lawsuit in itself.

             The issues in a SAPCR are 1) what type of conservatorship, or custody, will be granted to each parent, 2) what amount of child support will be ordered, 3) what possession periods will each parent have, and 4) what rights and duties will each parent possess.

             Texas has two types of custody: 1) Both parents are named Joint Managing Conservators (JMC),  or 2) one parent is the Sole Managing Conservator and the other parent is the Possessory Conservator (SMC/PC). The Court presumes that the parents will be named JMC which in no way means a 50/50 possession schedule. The Court presumes that one parent will have the right to determine the child’s residence and the other parent will have possession pursuant to a Standard Possession Order. 

             The parents can agree upon a possessions schedule other than a Standard Possession Order as long as evidence is presented to the Court that it is in the child’s best interest.