Family Law Cases in Texas: Conservatorship Explained

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Family Lawyers Houston: The word that I hear most often from clients in regard to their children, and frankly use myself when discussing the rights and duties of parents, is “custody”. It’s a word that is commonly used in our culture today and as a result is what most people think of when they consider taking an issue with their child’s other parent to court.

This could be in the form of a divorce if the parents are married or a child custody case if the child was born to two parents who were not married. If you have a child then you could potentially fall into one of these two categories. With that said the issue of conservatorship is highly relevant to your life if you are considered filing a case against your child’s other parent.

CONSERVATORSHIP IN GREATER DETAIL: JOINT MANAGING CONSERVATORSHIP EXAMINED

Family Lawyer in Houston: Conservatorship is the term that our Texas Family Code utilizes to describe the responsibilities and duties of parents towards their children. In fact, the word “custody” is not utilized in the Family Code even one time.

If you walk into an attorney’s office and tell him or her that you want “full custody” of your child, you likely mean that you want to be able to have your child live primarily with you and to spend the majority of their time with you. Conservatorship does not refer to these issues but rather what legal rights and duties you have in relation to your child.

The best way to begin our discussion of conservatorship, in my opinion, would be to differentiate between the two types of conservatorship in Texas. Those would be joint managing conservatorship and sole managing conservatorship.

Joint Managing Conservatorship is the most common arrangement for parents in Texas, due in no small part to the fact that it is presumed under the law that this is the ideal form of conservatorship for parents who are not married or otherwise in a relationship together.

This presumption is in place because our State Legislature believes that it is in the best interests of your child for you and the other parent of your child to have meaningful and fulfilling contact with both of you. Of course there are ways to rebut this presumption but in general, it is believed that a joint managing conservatorship is in the best interests of your child.

DETERMINING THE BEST INTERESTS OF YOUR CHILD

Divorce Houston: Ideally, you and your child’s other parent are able to come to resolutions on what is in the best interests of your child and can settle on conservatorship issues. After all- nobody knows your child better than his or her mom and dad. A judge, while well-meaning and educated on issues regarding children, will certainly not know you, your child’s other parent or your child better than you do.

If your case must proceed to a situation where conservatorship rights and duties are going to be divided and drawn up by a judge he or she will be tasked with determining what is in the best interests of your child. This standard is purposefully broad and subjective and allows the judge in your case fairly wide discretion to make decisions and use his or her reasoning abilities to come to those decisions.

The facts and circumstances of your child’s life will be presented to the judge either in a temporary orders hearing or final trial. A history of family violence, drug use or something similar would obviously be used against you or your spouse because that sort of behavior puts your child in a dangerous and unsafe position. The presumption that a joint managing conservatorship would be rebutted given this sort of evidence and the “sober” parent would likely be named a sole managing conservator.

SOLE MANAGING CONSERVATORSHIP EXAMINED

Houston Family Law Lawyer: In those cases where it is proven to a judge that appointing you and your child’s other parent as joint managing conservators is inappropriate, the alternative would be to appoint one parent as the sole managing conservator and the other as a possessory conservator.

If you are named as the parent who is the sole managing conservator you will have greater rights than the other parent in raising your child and making decisions for him or her. The other side to that coin is that with greater rights comes greater responsibilities. You are able to determine where your child will live primarily (likely with you), what sort of medical attention he or she will receive, and will have the right to receive child support from your child’s other parent if that is ordered. Educational decisions (which classes should your child be enrolled in) are another huge component to having sole management of your child’s conservatorship rights and duties.

POSSESSORY CONSERVATORSHIP: WHAT ARE THE RIGHTS AND DUTIES FOR THIS PARENT?

Family Lawyers in Houston: If you are not the sole managing conservator of your child then the court will name you as the possessory conservator. You will have the same rights and duties as any other parent in Texas has towards their child as far as providing for him or her financially and supporting him or her emotionally and otherwise.

Unfortunately, based on your individual circumstances, your rights will otherwise be restricted as far as your decision-making capabilities in regard to your child. You will likely have the right to receive information from your spouse about your child’s activities and schooling but may not be able to actually have a hand in making those decisions or working with your child’s other parent on arriving at a decision.

However, you will still likely have the ability to make emergency decisions for your child and to attend school and extracurricular activities. The basis for your being named a possessory conservator and the other parent as sole managing conservator is that something about your history or the circumstances of your child’s life led a judge to believe that it is not in your child’s best interests for you to have equal rights and duties to your child as compared to the other parent.

JOINT MANAGING CONSERVATORSHIP EXAMINED

The vast majority of parents in Texas who go through the family law courts are named as joint managing conservators … Continue Reading