“Conservatorship” is the legal term in Texas for “custody.” A joint managing conservatorship, or JMC, is “joint custody” for parents and comes with specific rights and responsibilities. Joint managing conservatorship focuses solely on the rights and duties of the parents that relate to the child. It has no bearing on visitation time, called “possession” in Texas.
Texas family courts work toward the best interests of the child. Ideally, a joint managing conservatorship allows both parents to continue their relationship with their child after their own relationship ends.
The JMC proceeding is separate from a divorce proceeding. Both married and unmarried couples can be awarded JMC. They can agree on their own (which must be approved by a judge) or allow the court to decide for them. A court will not award JMC if there is a history of family violence or other reasons that it wouldn’t be in the child’s best interest. Grandparents, relatives, or other competent adults may be named as joint managing conservators if the situation calls for such measures.
What A Joint Managing Conservatorship Means For Parents
Texas family courts prefer to award JMC unless there is a specific reason not to. Both parents must agree to the arrangement. The court may award sole managing conservatorship to one parent if the other disagrees. However, a “joint” custody does not strictly mean a 50/50 arrangement.
Child support is awarded to the primary custodial conservator, with whom the child lives most of the time.
Each family is different, and what works for one family may not work for another. A JMC means that both parents take their child’s needs seriously and will work together to co-parent effectively. This type of conservatorship can work well if:
- The parents live in a fairly close proximity
- Both parents actively co-parented prior to the end of their relationship
- The parents can make collective decisions based on the child’s needs and welfare
- Both parents can individually support a strong relationship with the child and the other parent
The primary conservator is the parent with whom the child will live. This could be either the mother or the father, depending on the family’s individual circumstances. In some cases, the child’s location is limited by a geographic restriction, such as in a particular county or area of counties (i.e., Tarrant and surrounding counties,) a specific school district, or a designated distance from a specific school. The court makes the awards based on the child’s best interests.
The nonprimary conservator is granted visitation rights either under a Standard Possession Order or one drafted by the parents and approved by the court.
The Parenting Plan And Possession Order (“Visitation Schedule”)
Once you or the court has decided on a JMC, you’ll incorporate that into your parenting plan. The Texas Office of the Attorney General’s website has a free PDF on the basics of co-parenting and includes a sample template for creating a parenting plan. Your child or children’s school calendar has all the holidays and other activities you will need to start planning.
Parents can largely create their own possession order to schedule their individual time with their child or children. This request must be submitted to the court and signed by a judge to be legal and enforceable. If they do not agree, Texas has a Standard Possession Order that is used to decide. This may not be ideal for the family, so they may request a modification of the order to be workable. Informal arrangements are not legal, enforceable, and are not agreeable by the courts.
There are two versions of the Standard Possession Order (SPO) in Texas—one for parents who live less than 100 miles apart, and one for those who live over 100 miles apart. These apply to children over the age of three.
Under this SPO, parents who are within 100 miles of each other gives noncustodial parent:
- Monthly weekend visits on the first, third and fifth weekends of every month
- Thursday evenings during the school year
- Alternating holidays
- Thirty days during the summer vacation
For parents more than 100 miles apart, the SPO gives the noncustodial parent:
- The same weekend visitation, or weekends reduced to one weekend per month
- No mid-week visitation
- Alternating holidays
- Longer summer visitation of 42 days and the inclusion of every spring break
For children under the age of three, parents can agree to the SPO or draft one of their own. Alternately, the judge will issue a schedule from Texas Family Code 153.254.
The family’s individual circumstances are essential in creating an optimal parenting plan. If the SPO is not workable, parents must request a modification through the courts.
Rights of a Conservator
A parent who is appointed as a conservator always has the right to:
- Receive information from any other conservator concerning the child’s health, education, and welfare
- Consult with the other parent (to the best extent possible) before making a decision concerning the child’s health, education, and welfare
- Access to the child’s educational and healthcare records, including medical, dental, and psychological
- Consult with the child’s healthcare providers, i.e., physician, dentist, or psychologist
- Consult with school officials concerning the child’s welfare and educational standing, including school activities
- Attend school activities with the child
- Be a designated emergency contact on the child’s records to be notified in case of an emergency
- Consent to medical, dental and/or surgical treatment during an emergency that includes immediate danger to the child’s health and safety
- Manage a child’s estate that created by the parent or the parent’s family, including bank accounts and allowances, or acting as their agent
Generally, everyday decisions are left up to the custodial conservator, or the one who has custody of the child or children that day. Major decisions regarding the child’s education, invasive medical care, or psychological treatment, or other issues regarding upbringing, require joint consultation and agreement by both parents. Others include:
- Getting or maintaining a child’s passport
- Managing any earnings for the child, including contracts, should the child begin earning on their own
- Represent their child in legal decisions, such as a lawsuit, i.e., birth injury or medical malpractice claim
- Giving parental consent for the child to marry before 18 (age 16 to 18) or join the military (age 17)
Parents can consult with each other at any time when the situation warrants.
Your Rights and Responsibilities While You Have Your Child
During periods of possession, each parents has:
- A duty of care, control, protection, and reasonable discipline of your child
- A duty to support your child, including providing the child with clothing, food, shelter, and medical and dental care that does not involve any invasive procedures
- The right to consent for your child to have medical and dental care that does not involve any invasive procedures
- The right to direct the moral and religious teachings and instructions for your child
Texas family courts believe that children do better when they have a good relationship with both parents, and that the parents’ post-split relationship does not turn adversarial. A joint managing conservatorship allows parents to co-parent well and lets children continue to have strong relationships with both parents going forward.
Mansfield-Fort Worth Child Conservatorship Attorney Wendy L. Hart
Child custody is an emotional and complicated issue for both parents and children. While parents handle the end of their relationship, they must strengthen their relationship with their children going forward.
Texas law and family law courts work to make a child custody case as smooth and stress-free as possible. But some cases will need help. Working with a prominent Fort Worth child custody attorney can make the process easier.
At The Law Office of Wendy L. Hart, we will make sure you’re informed of your rights and the complexities of Texas’ laws surrounding child conservatorship. We represent men and women, and work to protect your rights and those of your child for their future.
For a consultation with family law attorney Wendy L. Hart, call our Mansfield-Fort Worth law office today at (817) 842-2336 or send a message through our website.
