The divorce process is filled with its fair share of trials and tribulations. You first must come to the decision that divorce is you and your spouse’s best option, followed by hiring an experienced divorce attorney to represent you. Finally, you will have to make difficult decisions about your future.
When children are involved, emotions often complicate matters. Not only will your parenting arrangements change, but you will also be subject to receiving or paying child support. Many parents find the parenting adjustment to be the most difficult part of divorce as it differs significantly from what they have done since their child was born. Understanding how child custody, or conservatorship, works in Texas is important for preparing yourself for the custody determination process.
How is “Conservatorship” Defined?
Texas law utilizes the term “conservatorship” when referring to child custody arrangements. The parents or legal guardians of the child are known as “conservators” and the term “conservatorship” refers to the legal custody agreement created for Texans. Additionally, there are two types of conservators named, the managing conservator and the possessory conservator. One or two managing conservators are assigned to each child. Managing conservators have the authority to make decisions about the child and possessory conservators can visit the child. Like other state’s child custody laws, there are various arrangements that are utilized to fit each family’s situation.
Joint Managing Conservators
This arrangement allows two parents or legal guardians to share the right and responsibility to make decisions about their child. This is the legal version of co-parenting. Joint managing conservators must work together to parent the child and make legal decisions for the child. Most judges select this arrangement for families, providing each parent with equal rights over their child; however, certain circumstances can deem one parent more responsible than the other.
Sole Managing Conservators
Sole managing conservators have individual legal power over their child. This allows the single parent to make decisions about the child’s residence, education, medical treatments, and other legal areas without the permission of the other parent. This is common if the child’s parents are not capable of co-parenting and have a history of a dangerous or violent relationship. When one parent is named the sole managing conservator, the other is typically the possessory conservator. This title grants the other parent visitation rights. Some instances warrant supervised visitation, and others remove the parent from the child’s life altogether.
Contact a Houston, TX Conservatorship Attorney
When a relationship’s end is mutual, child custody determinations are often agreed upon together. The parents work together to successfully co-parent and continue to stay in their child’s life. However, for many couples, this is not the case. Conservatorship arrangements are created to ensure that your child’s best interests remain at the forefront. At The Foray Firm, we assist parents with their conservatorship agreement whether it is amicable or not. An experienced divorce attorney can assist you with all aspects of your divorce, especially child custody decisions. If you are considering filing for divorce and are concerned about your child's future, contact our Fort Bend County divorce and child custody attorneys at 832-919-6400 today.