Understanding Conservatorship: Managing Parental Rights and Duties in Texas

In Texas, the term “conservatorship” is used to describe the legal responsibilities of parents toward their children. If you are going through a divorce or separation and have children, understanding conservatorship is crucial. This blog will explain the types of conservatorship, how decisions are made regarding parental rights and duties, and what factors the court considers when determining conservatorship arrangements.

Types of Conservatorship in Texas

In Texas, conservatorship is categorized into two main types: joint managing conservatorship (JMC) and sole managing conservatorship (SMC).

Joint Managing Conservatorship (JMC)

In a Joint Managing Conservatorship (JMC) arrangement, both parents share the responsibilities and authority in raising their child. This doesn’t always imply equal physical custody, but it does ensure that both parents participate in making key decisions regarding the child’s education, healthcare, and religious upbringing. Courts typically prefer JMC because it encourages both parents to stay actively involved in the child’s life.

Sole Managing Conservatorship (SMC)

In an SMC arrangement, one parent has the exclusive right to make major decisions regarding the child’s life. This includes decisions about education, health care, and residence. The other parent, known as the possessory conservator, typically has visitation rights but limited decision-making authority. SMC is usually granted in cases where joint decision-making is not in the best interest of the child, such as situations involving abuse, neglect, or significant parental conflict.

Parental Rights and Duties

Conservatorship involves a range of rights and duties. These include, but are not limited to:

• The right to make decisions concerning the child’s education
• The right to consent to medical and dental care
• The duty to support the child, including providing clothing, food, shelter, and medical care
• The right to manage the child’s estate if necessary
• The duty to protect the child and provide moral and ethical guidance

The specifics of these rights and duties can vary depending on the court’s orders and the type of conservatorship granted.

Factors the Court Considers

When determining conservatorship arrangements, the court’s primary focus is the best interest of the child. Several factors are considered in this determination, including:

• The child’s physical and emotional needs: Ensuring the child’s well-being is a top priority.
• Parental abilities: The court assesses each parent’s ability to care for and nurture the child.
• Stability of the home environment: A stable, safe, and supportive environment is crucial for the child’s development.
• Parental cooperation: The court looks at the willingness of each parent to cooperate with the other to act in the child’s best interest.
• Child’s preference: Depending on the child’s age and maturity, their preferences may be taken into account.

• History of family violence or abuse: Any history of violence or abuse is a significant factor in determining conservatorship.

Modifying Conservatorship Orders

Circumstances can change, and conservatorship orders may need to be modified. Either parent can request a modification if there is a significant change in circumstances, such as relocation, changes in the child’s needs, or changes in a parent’s ability to care for the child. The court will review the modification request with the child’s best interest as the guiding principle.

Conclusion

Navigating conservatorship in Texas can be complex, but understanding the basics can help you make informed decisions about your child’s future. Whether through joint managing conservatorship or sole managing conservatorship, the goal is to ensure that the child’s best interests are prioritized and protected. If you are dealing with conservatorship issues, consulting with an experienced family law attorney can provide valuable guidance and support.