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In this article, you can discover…
- How conservatorship is defined in Texas.
- Which factors determine conservatorship.
- How conservatorship impacts child support and medical needs.
How Is Conservatorship Defined In Texas Law?
Conservatorship relates to a legal adult’s rights and responsibilities to protect, care for, and make decisions in the best interest of a child. This term is usually used in relation to child custody and family law, i.e., a parent who has rights and duties to a child or possession of a child can be legally described as the conservator; essentially, the child’s legal guardian. Usually, this is a parent, though conservatorship can be granted to another adult by the court, such as a grandparent or adoptive parent.
Different types of conservatorship are related to different levels of responsibility and involvement within the child’s life.
What Are The Different Conservatorships In Texas?
Conservators (or legal guardians) are generally described as “sole managing conservators” or “joint managing conservators” by Texas law.
If you are the “sole managing conservator,” you have the main responsibility and right to care for the children, shelter them, and the exclusive right to make major decisions about their residence, health, education, and overall wellbeing.
Sole conservatorship is generally granted to a parent only when a judge hears compelling evidence that: (1) the other party has a history of family violence, neglect, or substance abuse that endangers the child; and (2) granting joint conservatorship would not be in the child’s best interest.
If a parent is granted sole conservatorship, the other party will be designated as a “possessory conservator,” which grants you the right to spend time with your child but not the ability to have the final say on major decisions. Even as a possessory conservator, you have the right to know and obtain information regarding your child’s health, education, and well-being. If a judge finds you pose a serious threat to your child’s safety, then additional restrictions may be added.
More often than not, parties in a custody case will be designated “joint managing conservators” by the court. This is more common in Texas because it encourages the parents (or legal guardians) to maintain an active role in the child’s life. If designated a “joint managing conservator,” you will likely share some of the responsibilities and rights to make decisions about the child with the other parent. The rights and duties that each conservator (parent or legal guardian) is granted may vary in each case.
Attorney Andy Nguyen is a trusted family lawyer based in Arlington, Texas, who helps parents and families just like you navigate the difficulties of family law. From the recognition of presumed fatherhood to battles over custody (conservatorship) or child support, his guidance is the right first step toward a successful resolution grounded in compassion.
Are you looking to establish or challenge presumed fatherhood in the state of Texas? Contact the Law Office of Andy Nguyen PLLC today to schedule an initial consultation.
What Factors Influence The Court’s Decision on Conservatorship?
The biggest factor that a Texas court will consider when deciding conservatorship is what is in the best interest of your child. Factors considered include your child’s happiness, emotional wellbeing, physical safety, medical needs, the stability of the home, and your child’s age-specific needs.
In many cases, joint conservatorship is granted because it is assumed that both parents have the clear ability to care for, protect, spend time with, and consider the needs of your child. If you tend to take on more of the responsibilities, then the court may grant you a few exclusive rights or duties to make certain decisions concerning your child.
Serious issues such as abuse, neglect, violence, or parental habits that would harm your child’s well-being are also going to be considered by a judge when deciding whether to grant sole or joint conservatorship. If you want to raise a serious concern, you must be able to bring compelling evidence to prove the other party’s behavior endangers the child.
How Does Conservatorship Impact Medical Decisions For The Child?
In cases of joint conservatorship, the right to make non-invasive or emergency medical decisions for your child is typically granted to both parties. This allows both you and the other party to schedule and attend doctors’ appointments, facilitate ER visits, and consent to life-saving treatment for your child.
In cases of sole conservatorship, these rights are given only to one parent and not the other. What about more invasive procedures, such as surgery or vaccines, that might be debatable or controversial?
Unless these procedures are genuine life-saving emergencies, consent must be taken from the parent with sole conservatorship, if not jointly held.
While Texas law could someday become more nuanced on this topic, as it stands today, sole conservatorship grants sole rights to decide medical treatment for your child.
How Does Conservatorship Impact Child Support Obligations?
If you’re the sole managing conservator, there’s a strong argument for you to be the recipient of child support in Texas. As you carry most of the responsibility of providing for, raising, and caring for the child, you have the right to request the court order for child support to be paid by the party without those responsibilities.
The determination of which party has the obligation to pay child support will vary in cases where both parties are designated as joint managing conservators. Child support is more often given to the parent or conservator with whom the child lives most of the time.
What if you have a joint 50-50 possession schedule with your child, meaning parents spend equal amounts of time with the child? In this situation, parents often agree that neither party will pay child support because they each have the ability to provide for the child’s needs during their periods of possession of the child. In the absence of an agreement, attorneys may calculate each party’s child support obligation and request a judge order the parent with a higher income to pay offset child support to the other party.
For example, if the other party’s obligation is calculated to be $500 a month and your obligation is $700 per month, you may be asked to pay the other party a difference of $200 in offset child support.
For more information on Understanding The Types Of Conservatorship In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.
