Whether they’ve been divorced or not, most people understand the term “child custody.” They know it refers to which parent a child lives with and relies upon after the parents’ divorce.
While many Texans use the term “custody” to talk about these issues, Texas courts use a slightly different phrase. Texas family law refers to “conservatorship” and to parents who have conservatorship as “conservators.”
Although the words are different, the concepts are similar. When you deal with child conservatorship during a divorce, you answer significant questions about your child’s needs and future. Where will your child live? When and how will your child spend time with each parent? How will you adapt these plans as your child grows?
If you need help answering these questions, talk to an experienced Travis County child conservatorship attorney today. The team at the Law Offices of Jason Wright can help.
A “conservator” is someone who has court-ordered custody of a child. A conservator can be a parent, grandparent, or another responsible adult. The conservator does not have to be related to the child. In practice, however, many conservators are divorced parents or are related to the child in some way.
Texas law recognizes three types of conservators: joint-managing conservators, sole-managing conservators, and possessory conservators.
A “joint managing conservator” is an adult who shares decision-making power with another adult. In a divorce, Texas law prefers to name both parents as joint managing conservators unless there is good reason to do otherwise.
A joint managing conservator has the right:
Joint managing conservators do not automatically receive equal parenting time with the child. Where the child spends time and with which parent is spelled out in the “possession order.” Often, the child will live with one parent most or all of the time, and this parent will be called the “custodial parent.” The other parent will have visitation time with the child.
When the child is with each parent/conservator, that parent has certain rights and duties. These include:
A “sole managing conservator” has the exclusive right to make most major decisions about the child.
While Texas courts prefer to name both parents joint managing conservators, a court will name one parent (or another responsible adult) a sole managing conservator in some cases. For instance, if one parent committed violence against the child or other parent, is actively suffering drug or alcohol abuse, or is absent from the child’s life (voluntarily or otherwise), the court may award sole managing conservatorship to the more present and responsible parent.
Texas courts are required to consider evidence of family violence when making conservatorship decisions. An attorney can help you present or address evidence of violence during conservatorship conversations.
Sole-managing conservators have many of the same basic rights and duties as joint-managing conservators. However, they do not share these rights or duties with anyone else.
If a child has two living, present parents and one is named sole managing conservator, the other is typically named a “possessory conservator.” A possessory conservator has some parental rights but does not get the final say on most decisions.
If a non-parent is named sole managing conservator, both parents may be named possessory conservators.
The purpose of the possessory conservator arrangement is to allow the child to know their parents, while also protecting the child’s health and welfare to the extent necessary in any given situation. A possessory conservator may have opportunities to see the child, spelled out in a possession agreement.
When seeking a custody or conservatorship order, it’s helpful to know who may seek such orders under Texas law. It’s also helpful to understand how these orders interact with orders for visitation and child support.
Many, but not all, custody and conservatorship orders are made as part of a divorce. If you are divorcing and you have minor children, decisions about conservatorship, custody, visitation, and child support will be part of your divorce process.
You can also seek a conservatorship order if you aren’t married to your child’s other parent or have never been married. Conservatorship orders are also available if you are separated from your spouse but aren’t seeking divorce.
Finally, you may seek a conservatorship order if you’re not the parent of a child. However, this process is somewhat different from seeking a conservatorship order while being a child’s parent. For example, you will need to establish that there are no other court orders about the child currently in place.
It’s important to note that having conservatorship doesn’t automatically answer the question “Do I have visitation?” or “Do I have to pay child support?”
Visitation, also known as “parenting time,” is arranged in a separate but related order. In this document, the child’s parents get down to details. Even if both parents have joint managing conservatorship, they’ll need to answer specific questions, like:
Texas courts can also order child support, even if parents have joint managing conservatorship. Child support is common when a child spends most of their time living with one parent. For example, if the child lives with one parent but sees the other parent every other weekend and for two weeks in the summer, the second parent may be required to pay child support. These payments help meet the child’s needs when the child is living with the first parent.
Working through these details can be challenging. An experienced attorney can help you anticipate tough questions and find workable solutions. Options like mediation are also available if parents need additional help reaching an agreement on visitation, child support, and other major issues that affect the welfare of their children.
Texas courts don’t require you to have an attorney to file a custody case or respond to a filing. Working with a lawyer, however, is often in your best interests and in the best interests of your child.
Custody cases can be complex. Every family’s situation is unique, so there are few bright-line rules in Texas conservatorship cases. Instead, courts follow several guidelines to make decisions in a child’s best interests throughout the process.
However, courts can only make decisions based on the information they have. An attorney can help you ensure the court has all the relevant information to make the best decision for your child.
It is wise to speak to an attorney about your situation, even if you ultimately choose not to hire one. You can also hire a lawyer to provide advice without representing you in court if you choose.
It’s extremely important to speak to an attorney if:
At the Law Offices of Jason Wright, our compassionate Travis County family law attorneys are here to help. We know how important a safe, stable family is for a child, and we’re committed to helping our clients provide the best possible future for themselves and their children. To learn more about our work on Texas child conservatorship cases, contact us today.
“Jason is very professional and friendly. He patiently explained everything as many times as I needed and made the law easier to understand. Gave great advice and listened to all of my suggestions walking me through if they would work or not.”
Jami L
To get in touch with us, give us a call at 512-884-1221 or submit the form below. We are committed to zealously working to find the solution that is best for you and your family.
