Texas labels child custody ‘conservatorship” and calls parents ‘conservators” instead of ‘custodians.” The terms describe parental responsibilities and rights. During a divorce, family court determines who will have conservatorship unless the parents reach an agreement about custody ahead of time. If the court makes a decision about conservatorship, they will look at what is in the best interests of the child.
The state has two types of conservatorship: sole managing and joint managing. Rights included in conservatorship include obtaining information about the child’s well-being and education, access to important records regarding the child, permission to discuss the child’s care with medical professionals and school officials, and the authority to grant emergency treatment to protect the child’s safety.
Texas assumes that the parents will be granted joint-managing conservatorship. While both parties share responsibilities and rights, one parent might make specific decisions about the child. A judge will list the responsibilities the parents have together and separately. However, joint custody does not mean that each parent will have the same amount of time regarding visitation or access when it comes to child custody. A visitation schedule will be specified separately. Sole-managing conservatorship grants these rights to just one parent. These might include choice of residence, decisions about their education, attendance at school functions, medical and psychological treatment, receiving child support and contact information in an emergency. One parent might be granted SMC in the event of criminal activity, a history of addiction, a history of domestic violence or child abuse, or on-going conflict between the parents about the children.
Parents might be happier if the handle matters related to children before they go to court. A family attorney might work with a parent to draw up a conservatorship plan that addresses their concerns.
Source: Findlaw, “Child Custody in Texas“, August 28, 2014
Source: Findlaw, “Child Custody in Texas“, August 28, 2014