Understanding Joint Custody vs Joint Managing Conservatorship in Texas

Roles and Responsibilities of Joint Managing Conservators

Joint managing conservators, also known as named joint managing conservators, share a variety of responsibilities, including:

• Making decisions related to the child’s health, education, and welfare
• One parent usually takes on the primary caregiver role
• The other parent, the possessory conservator, is granted visitation rights or a possession schedule, acting as one of the possessory conservators in the arrangement.

Decision-Making Authority

In a joint managing conservatorship, both parents share the task of making crucial decisions for their child, usually concerning their child’s educational status and healthcare, in collaboration with school officials.

The specific details of decision-making authority can vary based on the court order and the case’s particular circumstances. In situations where joint managing conservators can’t agree on a decision, dispute resolution mechanisms are in place.

Possession and Access

Possession and access are critical terms in child custody discussions. Possession refers to who has physical custody of the child, while access pertains to visitation or shared custody rights. The time each parent spends with the child is established through a court-ordered possession schedule.

Suppose parents can’t agree on a possession schedule. In that case, Judges typically grant a standard possession order, which allows the noncustodial parent to possess the child on certain weekends and Thursday evenings during the school year.

Sole Managing Conservatorship: When It’s Necessary

Sole managing conservatorship arises when a parent is granted the exclusive authority to make most decisions for the child. This arrangement is deemed necessary when one parent is considered unsuitable or unfit for joint custody. The judge determines how to manage conservatorship, considering factors such as the child’s best interests and the parent’s ability to decide for the child.

As a sole managing conservator, the parent is granted the exclusive right to make most decisions regarding the child and is entrusted with the responsibility of providing emotional support to the child.

Comparing Joint and Sole Managing Conservatorships

In Texas, parents who are joint-managing conservators can be classified as either joint-managing conservators or sole-managing conservators—the critical difference between the two lies in the extent of decision-making authority and responsibilities.

Joint managing conservatorship fosters cooperation and teamwork between parents, ensuring stability and consistency for the child and giving both parents equal rights and duties in decision-making. However, effective communication and collaboration among parents are required, which may lead to disagreements and conflicts.

Under sole managing conservatorship, one custodial parent assumes exclusive responsibility for the child, while the other parent might have limited duties as a possessory conservator.

Factors Influencing Conservatorship Decisions in Texas Courts

Texas courts consider several factors when deciding conservatorship. These include the child’s physical and emotional needs and preferences if the child is old enough to express them. However, the primary emphasis is always on the child’s best interests.

Another crucial factor is the parent’s ability to cooperate. Joint managing conservatorship requires a joint effort in child-rearing, leading the court to assess the parent’s ability to parent cooperatively, communicate effectively, and make joint decisions that are right for the child.

A parent’s history of abuse is also a significant factor. Instances of family violence or sexual abuse committed by a parent may result in the court limiting that parent’s access to the child to ensure the child’s safety and welfare.

Preparing for Your Child Custody Case

Prepare for a child custody case by:

1. Understanding your rights
2. Collecting evidence
3. Collaborating with a seasoned family law attorney such as those at Skillern Firm Divorce & Child Custody Lawyers
4. Consulting with your legal representative regarding the required documentation
5. Collaborating with the other parent, if possible
6. Comprehending the various types of custody hearings
7. Collecting and arranging crucial paperwork
8. Compiling evidence to substantiate your case
9. Maintaining communication and cooperation with the other parent

We at Skillern Firm Divorce & Child Custody Lawyers have guided many clients through this process, helping them achieve successful outcomes under challenging circumstances. We understand that every family’s situation is unique, and we tailor our approach to each client’s specific needs and goals.