Sole Managing Conservatorship (SMC)
Definition: Sole managing conservatorship is a Texas custody arrangement in which one parent holds the exclusive decision-making rights listed in Family Code § 153.132, ordered when the presumption favoring joint conservatorship is rebutted, often by a history of family violence under § 153.004.
Also called: SMC, sole custody, sole managing conservator
What sole managing conservatorship means in Texas
Sole managing conservatorship, or SMC, places the major decision-making rights for a child in one parent. Family Code § 153.132 lists them: the exclusive right to designate the child’s primary residence, to consent to invasive medical, dental, and surgical treatment, to consent to psychiatric and psychological treatment, to receive and disburse child support, to represent the child in legal action, to make education decisions, and to consent to marriage or enlistment, among others.
The other parent is typically named possessory conservator. That parent still has the rights every conservator holds under § 153.073, such as access to school and medical records, and still has court-ordered possession unless the court finds that contact would endanger the child.
How it works in practice
Because Texas presumes joint managing conservatorship is in the child’s best interest, a parent seeking SMC must rebut that presumption. Section 153.004 is the most common route. It directs the court to consider evidence of family violence, sexual abuse, or child neglect, and it bars appointing the parents as joint managing conservators if credible evidence shows a history or pattern of family violence or abuse.
Outside the family violence context, SMC can rest on evidence that joint appointment would significantly impair the child, such as untreated addiction, long absence from the child’s life, or incarceration. A protective order finding against a parent carries heavy weight. Travis County courts look for documented history, not accusations alone.
Why it matters in your case
SMC removes the need to confer or agree with the other parent on major decisions. For a parent dealing with a violent or absent co-parent, that is the point. The tradeoff is proof. SMC cases are more likely to go to a contested hearing and to involve an amicus attorney or custody evaluation. A parent named possessory conservator also faces a steeper climb in any later modification.
Example
Lena obtains a two year protective order against her husband Raul after a documented assault. In their divorce, she asks to be named sole managing conservator of their daughter. Under § 153.004, the court may not appoint Raul a joint managing conservator given the finding of family violence. Lena is named SMC with all § 153.132 rights. Raul is named possessory conservator with supervised possession.
Frequently asked questions
Does sole managing conservatorship cut off the other parent's visitation?
Not by itself. SMC concerns decision-making rights. The possessory conservator usually keeps a court-ordered possession schedule, sometimes a full standard possession order. The court limits or supervises possession only when it finds that unsupervised contact would endanger the child, which is a separate finding.
How hard is it to get sole custody in Texas?
Harder than most people expect. Texas presumes joint managing conservatorship. To win SMC a parent must show family violence, abuse, or neglect under § 153.004, or prove that joint appointment would significantly impair the child. Police reports, protective orders, and medical records carry the case. A parent who is merely difficult does not meet the standard.
Can a sole managing conservator move anywhere with the child?
Only if the order says so. The court can still impose a geographic restriction on the primary residence under SMC, and it often does when the possessory conservator has a relationship with the child. If the order restricts residence to a county or area, moving outside it requires agreement or a modification.
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Citation
"Sole Managing Conservatorship (SMC)." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/sole-managing-conservatorship/. Updated October 2026.Link HTML
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This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.