Conservatorship in Texas

What is Conservatorship in Texas?

In Texas, the legal term for child custody is conservatorship, used in cases involving a Suit Affecting the Parent-Child Relationship (SAPCR). Conservatorship defines the rights and responsibilities of parents concerning their child. It may also limit parental rights when necessary to protect the child’s well-being (Texas Family Code § 153.072).

Texas courts prioritize the child’s best interest when making conservatorship decisions. Parents navigating these legal matters should work closely with a child custody lawyer to understand the processes, requirements, and evidence involved.

Types of Conservatorship in Texas

Texas law recognizes two primary types of conservatorship:

Joint Managing Conservatorship (JMC)

Under Texas law, there is a presumption that awarding Joint Managing Conservatorship (JMC) is in the child’s best interest. In JMC:

• Shared Rights and Duties: Both parents share the responsibility for making significant decisions about the child’s education, health, and welfare.
• Primary Residence Decision: One parent (the custodial parent) is granted the exclusive right to determine the child’s primary residence, while the other (the non-custodial parent) is designated as the possessory conservator.
• Collaborative Decision-Making: Apart from decisions about the child’s primary residence, all other major decisions are typically made jointly by both parents.

Factors Considered for JMC
Before awarding JMC, the court evaluates several factors outlined in Texas Family Code § 153.134, including:

1. Whether JMC will promote the child’s physical, emotional, and psychological well-being.
2. Each parent’s ability to prioritize the child’s welfare and make consensual decisions in the child’s best interest.
3. Willingness of both parents to support and foster a positive relationship between the child and the other parent.
4. The extent of each parent’s involvement in the child’s upbringing.
5. The proximity of the parents’ residences and its impact on co-parenting.
6. The child’s preference, if the child is 12 years or older.
7. Any other factor deemed relevant by the court.

JMC emphasizes collaboration between parents to provide a stable and supportive environment for the child.

Sole Managing Conservatorship (SMC)

In some cases, the court may appoint one parent as the Sole Managing Conservator (SMC), granting them specific rights and responsibilities concerning the child.

Rights and Duties of an SMC
The SMC is entrusted with critical decisions about the child’s life, including:

• Determining the child’s primary residence.
• Consenting to medical, dental, and surgical treatments.
• Approving psychiatric and psychological care.
• Making educational and extracurricular decisions.

Reasons for Awarding SMC
The court may award SMC if evidence shows that JMC would not be in the child’s best interest. Common reasons include:

1. History of Family Violence: Evidence of domestic abuse or violence against the child or other family members.
2. Substance Abuse: Issues with drugs or alcohol that endanger the child.
3. Neglect or Abuse: Patterns of neglect or physical, emotional, or sexual abuse.
4. Parental Absence: Long periods of absence from the child’s life.
5. Irreconcilable Differences: Fundamental disagreements between parents regarding the child’s education, religion, or medical care.
6. One Parent’s Refusal: If one parent declines to participate in JMC.

Possession and Access in Conservatorship

While conservatorship determines the rights and duties of parents, possession and access define when and how each parent will spend time with the child. Courts aim to establish schedules that support the child’s routine and stability, considering factors such as school, extracurricular activities, and the parents’ work schedules.

Navigating Conservatorship with Legal Help

Conservatorship decisions can be complex and emotionally charged. Whether seeking JMC or SMC, it’s essential to work with a knowledgeable child custody lawyer who can guide you through:

• Filing the appropriate petitions and paperwork.
• Presenting evidence to demonstrate your fitness as a parent.
• Advocating for the child’s best interests in court.

Conclusion: Protecting Your Child’s Best Interests

Conservatorship cases in Texas are centered on the child’s well-being and require careful consideration of various factors. Whether you’re pursuing Joint Managing Conservatorship or Sole Managing Conservatorship, having skilled legal representation ensures your rights and responsibilities are clearly defined and that your child’s best interests remain the focus.

For assistance with conservatorship or other child custody matters, contact an experienced child custody lawyer to help you navigate this challenging process.