Divorce involving children is one of the most challenging experiences parents can face. In Texas, the courts often favor a joint managing conservatorship (JMC) arrangement, where both parents share the rights and duties of raising their children. However, joint managing conservatorship does not mean equal decision-making power in every aspect of a child’s life. Understanding the nuances of JMC, particularly in Fort Bend County, Texas, is crucial for parents navigating a divorce. As an experienced Fort Bend County divorce lawyer, I have guided numerous clients through the complexities of JMC, ensuring that their rights and their children’s best interests are protected.
What is Joint Managing Conservatorship?
Joint Managing Conservatorship refers to the legal arrangement where both parents share the rights and duties of raising their child after a divorce. Under Texas Family Code § 153.131, there is a presumption that it is in the child’s best interest for the parents to be appointed as joint managing conservators. However, this does not necessarily mean that each parent has equal rights or that the child spends equal time with each parent. Instead, it means that both parents share the responsibility of making important decisions about the child’s life.
Independent, Exclusive, and Joint Rights in JMC
In a joint managing conservatorship, certain rights can be classified as independent, exclusive, or joint. Understanding these distinctions is essential for navigating your parental responsibilities effectively.
**1. Independent Rights:
These are rights that either parent can exercise without needing the consent of the other parent. For example, the right to receive information from the other parent concerning the health, education, and welfare of the child is an independent right. Each parent can access school records, attend school activities, and communicate with medical professionals without requiring permission from the other parent.
**2. Exclusive Rights:
Exclusive rights are granted to one parent only and cannot be exercised by the other parent. An example of an exclusive right might include the exclusive right to determine the child’s primary residence within a specific geographic area. This parent would have the final say on where the child lives, as long as it is within the court-ordered geographic restriction.
**3. Joint Rights:
Joint rights require the agreement of both parents before they can be exercised. These rights often include major decisions such as consenting to the child’s medical and dental treatments, educational decisions, and psychological or psychiatric care. The idea behind joint rights is to encourage both parents to work together in making decisions that are in the best interest of their child.
Key Joint Rights and Tie-Breaker Provisions
While joint rights emphasize collaboration between parents, disagreements are inevitable. To address potential conflicts, the court may include tie-breaker provisions in the custody order. These provisions provide a clear process for resolving disputes and ensuring that decisions are made in the child’s best interest.
**1. Consent to Psychiatric and Psychological Treatment:
In cases where parents share the right to consent to psychiatric or psychological treatment of the child, the custody order may include specific language to handle disagreements. The order might state:
“The right, subject to the agreement of the other parent conservator, to consent to psychiatric and psychological treatment of the child. In the event the parties are unable to reach an agreement whether to consent to psychiatric or psychological treatment, the parties are ORDERED to follow the recommendations of the child’s primary care physician, or if applicable, the psychologist or psychiatrist referred to the parties by the child’s primary care physician.”
This provision ensures that if the parents cannot agree, a neutral third party—the child’s primary care physician or a referred specialist—will provide a recommendation that both parents are required to follow. This tie-breaker mechanism reduces the potential for prolonged disputes and focuses on what is medically best for the child.
**2. Consent to Invasive Medical, Dental, and Surgical Procedures:
Similar to psychological treatment, decisions regarding medical, dental, and surgical treatments that involve invasive procedures can also be contentious. To address this, the court may include the following language:
“The right, subject to the agreement of the other parent conservator, to consent to medical, dental, and surgical treatment involving invasive procedures. In the event the parties are unable to reach an agreement whether to consent to a medical, dental, or surgical treatment involving invasive procedures, the parties are ORDERED to follow the recommendations of the child’s primary care physician, or if applicable, the specialist referred to the parties by the child’s primary care physician.”
This provision ensures that medical decisions are based on professional medical advice rather than parental conflict, thereby protecting the child’s health and well-being.
**3. Educational Decisions and School Tie-Breaker:
Education is another critical area where parents often share joint decision-making rights. Disagreements over school choice, academic support, or extracurricular activities can significantly impact a child’s education. The court may include a tie-breaker provision that involves the school principal:
“If the parties cannot agree, then the parties shall take the disputed issue to the school principal, who shall make a recommendation, and the parties are ORDERED TO FOLLOW THAT RECOMMENDATION.”
This provision empowers a neutral educational authority, the school principal, to make recommendations based on the child’s best interests. This approach helps avoid deadlocks and ensures that educational decisions are made in a timely manner.
Why These Provisions Matter
Tie-breaker provisions are crucial in joint managing conservatorship arrangements because they provide a clear path for resolving disputes. Without such provisions, disagreements can lead to prolonged litigation, increased emotional stress for the child, and potential harm to the child’s well-being. By including tie-breaker language in the custody order, the court ensures that decisions are made based on the child’s best interests and that parents have a clear process for resolving conflicts.
The Role of a Fort Bend County Divorce Lawyer
Navigating the complexities of joint managing conservatorship requires expert legal guidance. As a Fort Bend County divorce lawyer with 25 years of experience, I understand the intricacies of Texas family law and the importance of crafting custody orders that protect both the parents’ rights and the child’s best interests. My role is to help you negotiate and draft a custody order that clearly defines the rights and responsibilities of each parent, including any necessary tie-breaker provisions.
If you are facing a divorce or custody dispute in Fort Bend County, I can assist you in understanding your rights, advocating for your interests, and ensuring that your child’s welfare is prioritized. I have extensive experience in the Fort Bend County family law courts and can help you navigate the legal process with confidence.
Conclusion
Joint managing conservatorship in Fort Bend County is designed to ensure that both parents play an active role in their child’s upbringing. However, the complexities of joint decision-making can lead to conflicts that require careful legal planning. By understanding the distinctions between independent, exclusive, and joint rights, and by including tie-breaker provisions in your custody order, you can reduce the likelihood of disputes and protect your child’s best interests.
As a seasoned Fort Bend County divorce lawyer, I am here to guide you through this process and help you achieve a fair and workable custody arrangement. If you need assistance with a divorce or custody matter, please contact my office at 281-DIVORCE to schedule a consultation. My offices are located at 6100 Corporate Drive, Suite 190, Houston, TX 77036, and 715 East Whitney, Houston, TX 77022. We are open Monday, Tuesday, Thursday, and Friday from 8:30 AM to 5:30 PM, and Wednesdays from 8:30 AM to 7:00 PM. I am here to help you protect your rights and your child’s future.
