What Is Conservatorship in Texas Child Custody Cases?

Conservatorship in Texas child custody cases typically refers to parents’ decision-making authority and other legal rights and duties. Essentially, the state uses the term “conservatorship” rather than “custody,” but separates conservatorship (rights and duties) from possession and access, which is when each parent has time with the child. A divorce or child custody lawyer in San Antonio can help you understand possible options in your case.

How does Texas use “conservatorship”?

The Texas Family Code breaks parenting issues into three main areas.

• Conservatorship (who makes major decisions)
• Possession and access (time with the child)
• Child support (financial support)

The pieces can fit differently in each case, but all three areas put together usually cover what people mean when they say, “custody.”

What are the types of conservatorship?

A parent may be a joint managing conservator, sole managing conservator, or possessory conservator.

Joint managing conservatorship

In most cases, the courts appoint both parents as joint managing conservators. This means they share certain decision-making rights. They also typically share other rights, such as access to the child’s medical records and the right to consult with the child’s doctors and teachers.

A joint managing conservatorship does not necessarily mean parents share all rights equally or have a 50/50 time split. For example, one parent could have the sole right to decide where the child lives. Likewise, each parent may exercise the right on their own, such as allowing emergency medical care when the child is in their possession. Rights can be jointly exercised, independent, or exclusive.

Sole managing conservatorship

Sometimes, the court designates one parent as the sole managing conservator. This often happens in situations where joint conservatorship would not serve the child’s best interests. Think along the lines of family violence, substance abuse, or neglect.

The sole managing conservator has the exclusive right to make major decisions, including those pertaining to the child’s education and health care. The other parent may still have some decision-making rights as well as possession and access. Courts might not completely cut off a parent unless the safety concerns are very serious.

Possessory conservatorship

A possessory conservator usually is the parent who does not have primary rights to make decisions. This parent may have some rights at all times and have certain other rights during possessory (visitation) periods. Rights a possessory parent may have all of the time often include the right to:

• Get information from the other parent about the child’s general well-being, health, and education
• Give their input to the other parent before the other parent makes major decisions
• Access the child’s medical and educational records
• Consult with the child’s medical professionals
• Go to school activities
• Be listed as an emergency contact for the child

During the parent’s time with the child, the parent may be able to make routine care decisions, approve routine medical procedures, and provide reasonable discipline. The parent typically cannot change the child’s primary residence or school or make major medical decisions.

How does the court decide conservatorship?

Courts use the best interests of the child standard when weighing what to do about conservatorship. Judges consider each parent’s stability, ability to consider the child’s emotional and physical needs, willingness to co-parent, and other issues.

Courts expect parents to put the child’s best interests above any conflicts between the parents. A parent who seems unable to do this, perhaps one who is hostile to the other parent or who refuses to communicate with the other parent, may be hurting their case for conservatorship. A family law lawyer can help you show your strengths to the court.

How does child support fit into conservatorship?

Child support is determined separately from conservatorship and possession, but the parent with the exclusive right to determine the child’s primary residence is usually the parent who receives support. Texas guidelines use factors such as the parents’ resources, the number of children in a case, and how many other children a parent already supports when considering child support.

Even when parenting time is 50/50 or close to it, one parent may still need to pay the other parent support.

Can the other parent move your child hundreds of miles away if that parent has the sole right to determine where the child lives?

The answer depends on the court order. However, just because a parent has the exclusive right to decide a child’s primary residence, that does not necessarily mean the parent can move the child wherever and whenever.

Custody orders in Texas commonly have geographic restrictions, but there is no legal requirement that an order include them. If a parent who has the sole right to determine the child’s primary address wants to move with the child, a geographic restriction means the parent must get the other parent’s agreement to move with the child outside of a designated area or receive court modification of the order. The exact language of your custody order matters a great deal.

What evidence can my lawyer use to show that sole managing conservatorship is necessary?

Courts usually prefer joint managing conservatorships, but recognize that sometimes, a sole managing conservator is in the child’s best interests. The evidence to show this applies in your case depends on the exact situation.

With family violence, evidence could include police and medical reports, criminal convictions, and photos of injuries. With substance abuse, evidence could include arrests, rehab records, failed drug tests, and medical records. You or your lawyer needs to prove that the substance abuse currently puts the child at risk and was not an occasional lapse years in the past.

Evidence such as family violence, abuse, neglect, or conduct showing that joint conservatorship would significantly impair the child’s physical or emotional welfare may support sole managing conservatorship. The evidence is different in each case. If you think a sole managing conservator is in your child’s best interests:

• Document everything.
• Stay calm when communicating with the other parent.
• Keep communications written so you can document them.
• Avoid retaliatory behavior, as that can get you in trouble with the court.
• Focus not on anger but on how the other parent’s behavior impacts your child’s safety.

Conservatorship in Texas child custody cases can be nuanced. Contact us today to discuss your situation. At the Law Office of Matthew A. Grimshaw PLLC, we’re here to help.