Understanding the Types of Conservatorship in Texas
Being designated as a managing conservator or possessory conservator comes with different rights and duties which allocate the decision-making authority for the children. A managing conservator has more rights to the child than a possessory conservator. In Texas, there is a presumption that it is in the best interest of the child that both parents be appointed a joint managing conservators. Therefore it is presumed that it is best for the child to have both parents share in the rights and duties of caring for the child. However, a court will not order parents as joint managing conservators if there is credible evidence to support findings of a history or pattern of domestic violence. Domestic violence includes child neglect, physical abuse, and sexual abuse. If the court finds that a parent has history or pattern of committing domestic violence, the other parent may be appointed as the child’s sole managing conservator.
Rights of Managing and Possessory Conservators in Texas:
- To have possession
- To direct moral and religious training
- To consent to medical treatment
- To manage child’s estate
- To access health and educational records
- To receive health, education, and welfare information
- To confer on health, education and welfare decisions
- To consult with medical professionals
- To consult with school officials
- To attend school activities
- To be designated as an emergency contact
- To inherit from the child
- To consent to adoption of child
- To act under other law
Other Rights of Managing Conservators (Sole or Joint) in Texas:
- To designate primary residence – If joint conservators, one will be designated as the primary conservator for purposes of designating the child’s primary residency
- To receive child-support payments
- To act as agent
- To receive services and earnings
- To consent to marriage
- To consent to joining the armed forces
- To act as legal representative
- To make educational decisions
Duties of All Conservators in Texas:
- To care for and discipline
- To support
- To manage child’s estate
- To report on child’s welfare
Texas Family Code Statutes:
- § 151.001 – Rights and Duties of Parent
- § 153.002 – Best Interest of the Child
- § 153.005 – Appointment of Sole or Joint Managing Conservator
- § 153.006 – Appointment of Possessory Conservator
- § 153.073 – Rights of Parents at All Times
- § 153.074 – Rights and Duties During Period of Possession
- § 153.075 – Duties of Parent Not Appointed Conservator
- § 153.131 – Presumption That Parent to be Appointed Managing Conservator
- § 153.132 – Rights and Duties of Parent Appointed Sole Managing Conservator
- § 153.134 – Court-Ordered Joint Conservatorship
- § 153.135 – Equal Possession Not Required
- § 153.191 – Presumption that Parent to be Appointed Possessory Conservator
- § 153.192 – Rights and Duties of Parent Appoint Possessory Conservator
For an even more detailed explanation of the types of conservatorships provided for in Texas, contact our dedicated lawyers.