Does Joint Custody Mean Equal Possession Time of the Child?

No. In Texas, the Family Code terminology is “joint managing conservatorship”, but most people tend to use the term “joint custody”. Joint managing conservatorship involved sharing of some decision making authority concerning the child – it does not refer to equal possession times for the parents.

The significance of “conservatorship” lies in the power to make decisions on behalf of the child. The most important areas of decision making authority are related to: 1) selection of the child’s place of residence, 2) selection of the child’s educational institutions, and 3) selection of the persons to provide health care for the child.

Possession time allocated to the parents is a separate issue. As a general rule, history will provide the judge with guidance concerning which parent should have primary possession of the child.