Like other states, Texas places the responsibility for addressing child custody, visitation, and parenting time issues with its family courts. Unlike many other states, however, Texas uses its own vocabulary to describe these topics and processes.
Instead of discussing custody or visitation, Texas law uses the term “conservatorship” and “Possession.” Parents are “conservators” who make important decisions for their children and have “possession” with their children after a divorce.
Similar to other US states, Texas law requires courts, parents, and attorneys to focus on conservatorship arrangements that keep “the best interest of the child” in mind. Since the best interest of a particular child can be unique depending on circumstances, creating a conservatorship plan can be challenging – especially if you and your child’s other parent cannot see eye to eye on many issues.
If you need to arrange conservatorship for your child, you don’t have to do it alone. The experienced Liberty Hill child conservatorship attorneys at The Law Office of Jason Wright can help.
A conservatorship gives a parent, or “conservator,” certain rights and duties in relationship to their child. Conservatorship arrangements may answer questions like:
The power of a conservator can be shared between parents. It can also be assigned to only one parent. Which arrangement is best for your situation depends on which one best reflects your child’s best interest.
To give parents and courts the needed flexibility to act in the best interest of each child, Texas law recognizes two different types of conservatorships: Joint managing conservatorships and sole managing conservatorships.
The terms “sole” and “joint” refer to how many parents have conservator powers under a conservatorship agreement.
Joint managing conservatorship is the presumption under the law in Texas. In a joint managing conservatorship, both parents share conservator powers.
To share conservatorship, the parents must work together to make major decisions in the child’s best interest. For example, the parents may work together to decide:
“Joint” managing conservatorship powers can be “equal” powers, but they do not have to be equal. For instance, if a child spends most of their time with one parent and is on that parent’s health insurance, the parents may decide it makes sense for that parent to have all the power to make medical decisions.
Texas courts ask several questions when evaluating joint managing conservatorships. These include:
Texas law presumes that a joint managing conservatorship is the best choice because the law presumes most children benefit from building a relationship with both parents. For some children, however, this is not the case.
A “sole” managing conservatorship grants all conservatorship powers to one parent. The parent named as conservator makes all the major decisions for the child. This parent also manages any money, such as child support, that is paid for the child.
A parent with a sole managing conservatorship is not required to consult the other parent.
A court is more likely to grant a sole managing conservatorship if one or both parents demonstrate that sole conservatorship is in the best interest of the child. Situations in which Texas courts may prefer to grant sole managing conservatorship include:
Conservatorship is similar to the concept of “legal custody” in other states. Both conservatorship and legal custody give a parent the ability to participate in decision-making on the child’s behalf.
In Texas, physical custody and visitation are grouped together under the term “possession.” A parent has “possession” when the child is with that parent and in that parent’s care. A parent has possession, for instance, when their child is at home with them.
Joint managing conservatorship affects how the parents make decisions about the child. It does not, however, grant each parent the automatic right to equal possession time. To determine how to arrange possession, courts may ask questions like:
As with other decisions, possession decisions must be based on the best interests of the child.
Although Texas law doesn’t require each family to have an identical parenting plan, the law does expect all parenting plans to fulfill the same basic set of goals. For instance, a Texas conservatorship and possession plan must:
Texas law aims to create plans that meet these goals whether the parents are separated, divorced, or have never been married to one another.
To keep yourself focused during conservatorship conversations, ask yourself the following questions:
What is the best thing for my child? Conservatorship plans sometimes ask parents to make sacrifices to ensure their child receives what is in the child’s best interest. Ask yourself where you’re willing to go the extra mile for your child.
What would help me work with my child’s other parent? Divorce, separation, and relationships, in general, can leave us with emotional burdens and painful memories. Don’t be afraid to seek out help like counseling if you believe it would help you focus on your child’s needs when dealing with their other parent.
Should we try mediation? A neutral third-party mediator can help you come to an agreement with your child’s other parent when the two of you can’t seem to agree on your own. Your attorney can help you decide whether mediation is the right choice. Mediators do not have the power to force you to accept any terms you don’t want – if you can’t agree, you can try again later or choose to end mediation.
Have I looked for an experienced attorney I trust? Your attorney can help you navigate tough questions, negotiate effectively, and strive for the best possible outcome for your child – even when things get tough.
Texas law contains a few bright-line rules for child conservatorship一on purpose. The law focuses on “the best interest of the child” because legislators and courts recognize that no two children, and no two Texas families, are identical. The best conservatorship arrangement for one child could spell disaster for another.
Because conservatorship is a deeply personal question, it’s vital to speak to an experienced Liberty Hill child conservatorship attorney. Family and friends are valuable sources of emotional support, but their experience with conservatorship won’t be identical to yours.
Working with an experienced lawyer from the start has several benefits. Your attorney can help you create a conservatorship agreement that fits your child’s needs, allows you to give your child the best possible care, and meets Texas’s legal requirements. Talk to the team at The Law Office of Jason Wright, PLLC, today to learn more. Call us at (512) 884-1221 to schedule a confidential case evaluation with one of our Liberty Hill family lawyers today.
