Most people know the word “custody” in talks about divorce and children. However, in Texas, lawyers say “conservatorship” instead. This term is for decisions about kids after their parents split up. In Texas courts, you’ll probably hear “conservatorship” more often.
A parent is called a “conservator” in Texas. The term describes the parents’ legal rights and responsibilities. Also, any custody or visitation arrangement must be ratified by the court or created through a court order. Beyond that, the type will depend on what the court believes is in the best interest of the child or children.
Texas’ family law has three types of conservatorships, which all depend on the court’s decision.
Joint Managing Conservatorship
Commonly called “joint custody,” this type of conservatorship gives both parents equal rights in deciding what’s best for the child.
Decisions such as:
- Education
- Medical care
- After-school activities and other decisions
Despite the name, “joint” does not mean a 50/50 living arrangement, and visitation schedules are handled separately. If the parents can create a mutually agreeable possession schedule, the court can ratify it and make it an enforceable possession (custody) order. Otherwise, the court will make its possession order, which may or may not be workable for the family.
The main parent decides the child’s home, usually in a set area like near their school.
Sole Managing Conservatorship
Not all family arrangements are amicable. For these, a court can award one parent sole managing conservatorship (aka “sole custody.”) This means that one parent is appointed as a sole managing conservator, and the other is made “possessory,” usually with visitation rights.
The parent with sole conservatorship can decide important things for the child by themselves. However, they don’t have to ask the other parent. But it’s different with joint conservatorship.
A judge might let one parent make all the decisions if there are serious problems like family violence or drug use. This can also happen if one parent is rarely around. Also, on occasion, a grandparent or stepparent might take this role to help the child the best.
Possessory Conservatorship
When one parent has full conservatorship, the other might get possessory conservatorship. If a non-parent gets full control, both parents could still get possessory rights. However, they get some rights but can’t make key decisions.
If a judge thinks a child might not be safe during visits, they can order supervised visits. Therefore a family member, an agency, or someone else neutral can watch over these visits. The Texas Attorney General’s Office has an online guide for parents to share duties. It lists places where supervised visits can take place.
Let Wendy L. Hart Help With Child Conservatorship
If your current co-parenting arrangement needs to be updated, speak with a Fort Worth family law attorney.
Wendy L. Hart is an experienced family law attorney. She assists people throughout Tarrant County with divorce, property, and child custody issues. Also, the firm represents both men and women in family law matters. Use our online contact form, or call us at (817) 842-2336, for an appointment.
