As a Texas divorce and child custody lawyer, I often work with clients who are navigating the complex process of determining custody arrangements for their children. In Texas, child custody is referred to as “conservatorship,” and there are several different types of conservatorship that can be granted in a child custody case.
In this blog post, I will discuss the different types of conservatorship available in Texas and provide an overview of what each type entails.
Sole Managing Conservatorship
One type of conservatorship that can be granted in a child custody case is sole managing conservatorship. This type of conservatorship gives one parent the primary authority to make decisions related to the child’s upbringing, including decisions about education, medical care, and religious upbringing.
The parent who is granted sole managing conservatorship is also responsible for the child’s physical possession, meaning that the child will primarily reside with that parent. The other parent may still have the right to possession of the child at specific times, such as on weekends or holidays, but the parent with sole managing conservatorship will have the final say in any major decisions regarding the child.
Joint Managing Conservatorship
Another type of conservatorship that can be granted in a child custody case is joint managing conservatorship. This type of conservatorship involves both parents sharing the responsibilities of decision-making and physical possession of the child.
In a joint managing conservatorship, both parents have an equal say in the child’s upbringing and are responsible for making decisions related to the child’s education, medical care, and religious upbringing. Both parents also have the right to possession of the child on a regular basis, and a schedule will typically be established to determine which parent the child will reside with on a given day or week.
Possessory Conservatorship
In some cases, a parent may be granted possessory conservatorship rather than managing conservatorship. Possessory conservatorship gives a parent the right to possession of the child at specific times, but does not give that parent any decision-making authority.
A parent with possessory conservatorship may have the right to possession of the child on weekends or holidays, for example, but will not have the ability to make decisions about the child’s upbringing. The parent with managing conservatorship will retain the primary authority to make decisions about the child’s education, medical care, and religious upbringing.
Possessory Conservatorship With Supervised Visitation
In some cases, a parent may be granted limited conservatorship, which gives them the right to possess the child only under certain circumstances. Limited conservatorship may be granted if a parent has a history of abuse or neglect, or if there are other extenuating circumstances that make it necessary to limit the parent’s possession of the child.
A parent with limited conservatorship may only be allowed to possess the child in the presence of a third party, such as a therapist or a family member, or may be required to participate in parenting classes or other programs before being granted possession of the child.
Grandparent and Other Relative Conservatorship
In certain situations, a grandparent or other relative of the child may seek conservatorship if they believe it is in the child’s best interests. This is known as grandparent or other relative conservatorship.
In order to be granted grandparent or other relative conservatorship, the relative must be able to show that the child’s parents are unable or unwilling to provide adequate care for the child and that granting conservatorship to the relative is in the child’s best interests. The relative must also be able to demonstrate that they have a close and positive relationship with the child and are able to provide a stable and safe environment for the child.
If grandparent or other relative conservatorship is granted, the relative will be given the right to possess the child and make decisions related to the child’s upbringing, similar to a parent with managing conservatorship. However, the parent(s) will still retain their rights as a parent unless those rights are terminated by the court.
Determining the Best Type of Conservatorship for Your Family
When it comes to determining the best type of conservatorship for your family, it’s important to consider the individual needs and circumstances of your child and your family as a whole. It’s also important to keep in mind that the courts will always make decisions about conservatorship based on what is in the best interests of the child.
If you are involved in a child custody case and are unsure about which type of conservatorship is right for your family, it’s important to speak with a qualified Texas divorce and child custody lawyer who can help you understand your options and advocate for your rights.
At The Blacknall Firm, we understand the importance of ensuring that your child’s best interests are protected during the divorce and custody process. If you are in need of legal assistance with a child custody case in Texas, don’t hesitate to contact our office to schedule a consultation. Our experienced team of attorneys is here to help you navigate the legal system and work towards a resolution that is fair and in the best interests of your child. So, if you are in Texas and facing a child custody case, don’t hesitate to contact our office to schedule a consultation.
