Instead of discussing custody or visitation, Texas law uses the terms “conservatorship” and “Possession.” Parents are “conservators” who make important decisions for their children and have “possession” of their children after a divorce.
No matter which terms are used, one thing remains the same. Arrangements for children during and after divorce must support the child’s best interests. These arrangements must give children a safe, stable base from which to grow and learn. It is the parents’ responsibility to create that base一but you don’t have to do it alone. An experienced Pflugerville child conservatorship attorney can help.
Types of Pflugerville, Texas Conservatorships
In Texas, a “conservatorship arrangement” details which parent has the ability to:
- Choose where the child will live,
- Get medical, dental, surgical, and mental health treatment for the child, and
- Decide what schools the child will attend (or if the child will be homeschooled).
Conservatorship powers can be shared between parents or given to only one parent. Recognizing this, Texas acknowledges two types of conservatorships: joint managing conservatorship and sole managing conservatorship.
Joint Managing Conservatorship
A joint managing conservatorship gives conservator powers to both parents. Each parent works with the other parent in making major decisions for the child. For instance, the parents may share responsibility for scheduling doctor and dentist appointments and for taking the child to those appointments.
When deciding whether to grant joint managing conservatorship, Texas courts consider factors like:
- The ability of the parents to work together, always putting the child’s best interests first,
- How a joint conservatorship would benefit the child now and in the future, and
- The willingness of each parent to encourage their child to build a positive relationship with the other parent.
The presumption under the law is that parents are named joint managing conservators of the children.
Sole Managing Conservatorship
When a joint managing conservatorship is impossible or unsafe, Texas courts will consider a sole managing conservatorship.
In a sole managing conservatorship, one parent has all the powers of the conservator. This parent makes all the major decisions for the child. A parent with sole managing conservatorship decides where the child will live, how the child will be schooled, which medical treatment the child receives, and so on. A sole managing conservator is not required to get the other parent’s input before making decisions.
Because Texas courts assume that joint conservatorship is in a child’s best interests, sole conservatorships are not as common. Courts are more likely to grant sole managing conservatorship when doing so is in the child’s best interests.
For instance, a Texas court is more likely to grant a sole managing conservatorship when:
- The child’s other parent is deceased, imprisoned, or otherwise unavailable to participate in decision-making for the child.
- Credible evidence exists that the child’s other parent has abused the conservator parent, the child, or both in a way that makes it unsafe for one or both to work with that parent.
Making the case for a sole managing conservatorship can be challenging. If you suspect a sole conservatorship is best for your child, speak to a Pflugerville child conservatorship attorney today.
Conservatorship Versus Possession
Conservatorship is the power each parent has to make decisions on behalf of their child. Conservatorship is different from “possession,” which determines which parent is responsible for the child’s physical presence and needs from day to day.
Other US states use terms like “physical custody,” “visitation,” or “parenting time” to discuss where the child lives or how they spend time with a parent. Texas uses the term “possession” to cover all of these topics.
A joint managing conservatorship gives both parents the power to participate in decision-making when it affects the child. A joint managing conservatorship does not give each parent automatic rights to equal access to or time spent with the child.
Like conservatorship, possession determinations are made with a focus on the child’s best interests.
The Goals of Child Conservatorship in Texas
In Texas, family law courts prefer possession plans that:
- Provide the child with “frequent and continuous contact” with both parents unless safety or other concerns intervene.
- Ensure children have safe, stable living situations, and
- Support each parent’s efforts to participate in raising the children, regardless of whether the parents are separated, divorced, or never married one another.
To this end, Texas law focuses on possession plans that are in the “best interest of the child.” The specifics – what the “best interest” looks like in terms of where the child lives, who makes decisions, and how often they see each parent一differ from family to family. To meet the best interests of each child, Texas family law allows parents to work together and with attorneys and other professionals to craft a conservatorship plan that fits their unique circumstances.
Questions to Ask When Thinking About Conservatorship
Conservatorship can be a hot-button issue. Whether you’re in the middle of a divorce or have never been married to your child’s other parent, a conservatorship may feel as if it quickly turns into a fight with your child in the middle.
Focusing on your answers to the following questions can help you maintain a sense of balance and calm when dealing with potentially stressful conservatorship conversations.
What Is the Best Situation for My Child?
During conservatorship conversations, tensions can run high. By putting your child first, you can defuse some of your own tension and focus on what your child needs and deserves. Remember that your child has little or no power in this situation. It is up to you to ensure your child has what they need to thrive.
Can I Set Aside My Issues With My Child’s Other Parent and Do What is Best for My Child?
Texas courts frequently consider the parents’ ability to work together when making conservatorship decisions. It is also important to remember that your child’s relationship with their other parent belongs to your child. It is different from your relationship with that parent. Supporting a positive relationship between your child and both their parents is a must for a successful joint conservatorship.
What If Our Conservatorship or Possession Order Needs to Be Changed?
It is far better to work with an experienced attorney from the start than to adapt an order after it has been created. Some mistakes made at the start are expensive to correct later一or cannot be fixed at all. Talk to an attorney if you’re concerned that conservatorship decisions made today won’t be best for your child in the future.
Would a Neutral Third-Party Mediator Help?
Some parents find that they can’t discuss conservatorship questions on their own, but they can work with a neutral third party. A mediator cannot force either parent to accept anything, but a mediator can help you find common ground and focus on your child’s needs. Your attorney can recommend experienced mediators and can join you in mediation to protect your legal rights.
Speak to a Pflugerville Child Conservatorship Attorney Today
Texas courts rely on guidelines like “the best interests of the child” because no two families are the same. The right conservatorship for one child and parents could be disastrous for another.
For this reason, it’s important to seek advice from an experienced Pflugerville child custody lawyer if you have questions about conservatorship. Family and friends can provide emotional support, but their experiences with conservatorship won’t be identical to yours一and neither will the outcomes.
The best outcome for your child depends on crafting a conservatorship plan that meets their needs, allows the adults involved to provide their best for the child, and meets the requirements of Texas law. For help reaching this outcome, talk to the team at The Law Office of Jason Wright, PLLC, today. Call us at 512-883-5196 to schedule a confidential case evaluation with a Pflugerville child conservatorship attorney today.