Conservatorship in Texas

Frisco Family Law Lawyer Explains Conservatorship

If you live in Frisco, Texas, and going through a divorce or other legal family altering procedure that you seek the advice of a Frisco family law lawyer so that all of their rights are protected and the best care of the child is established.

One aspect of a divorce is the consideration of where the child will live and who will have the say over the decisions of that child. While in their hearts, most parents do want to do what is right for their child at all times, in a heated situation, it might be difficult, if not impossible, to remain civil and hurt feelings can arise.

Texas Family Code provides the option for a parent to be a managing conservator or a possessory conservator of a child. How these are determined and the time spent with the child may be the result of a lengthy court process, with the court looking at a number of criteria before a determination can be made. It is important that you have the guidance of an attorney at Frisco so that you do not give away any of your parental rights in the midst of the rancor.

It is important to understand the difference between the two types of conservatorship as well.

  • Possessory Conservator: Has only limited authority to make many decisions on behalf or in relation to the child.
  • Managing Conservator: Has much broader authority to make a number of decisions and can provide much more guidance in the child’s life.

In addition, the joint managing conservatorship can also be established but might be confusing as well. The term “joint” does not require an equal division of possessory time related to a child. A specific schedule may or may not be established depending on the situation between the two parents. It is the needs of the child and the child’s best interests that are used to determine this schedule.

The managing conservator may be given more authority to make decisions rather than more actual time to spend with the child. The Texas Family Code also establishes three lists of parental rights. Each parent has some rights just because they are parents; however, there are additional rights, obligations and more that are established by the court system. The most important of these parental rights could be considered to be that related to residency, health and school. Where a child lives, their health and their education are important to both parents.

The Texas Family code also sets forth the following Parental Rights and Duties, which the Frisco divorce attorney can explain in greater detail where needed:

  • The right to have access to the health records. (Each parent should have the right to see what is being documented in their child’s health records.)
  • The right to see educational records so that they can be informed and involved during the educational process.
  • The right to consult with a doctor (it is important that each parent get the chance to speak to the doctor directly in case there are misunderstandings or information is being changed or withheld).
  • The right to consult with school officials for much the same reasons as above.
  • The right to attend and to participate in school activities.
  • The right to be designated as an emergency contact on the child’s forms, and so on.
  • The right to manage assets from relatives on behalf of the child (this can include money for birthdays, holidays, and larger sums)

The Texas Family Law codes also establish the following Rights of the Conservators while they have possession of the child:

  • The parent will have the right to conduct moral and/or religious training of the child.
  • The parent will have the duty to provide care (as further established within these same codes) protection and reasonable discipline.
  • The duty to support the child including providing clothing, food and shelter.
  • The duty to provide any and all aspects of health care including: medical, dental, surgical and mental health care.
  • The duty and the right to consent to emergency care and treatment in the event of an emergency of any kind.

The Rights of the Sole Managing Conservator under Texas Family Law:

  • The right to establish residency (the parent will choose where the child will live).
  • The right to consent to either enlistment in the armed forces or to marriage.
  • The right to consent to all types of health care treatments as deemed necessary.
  • The right to represent the child in legal actions and to help or to make legally significant decisions.
  • The right to receive and then to disburse support payments as established by the court.
  • The right to make educational decisions on behalf of the child.

The Frisco family law attorney will also explain other provisions that may be covered in a binding agreement which can include the cost of health care which is typically split 50-50 between the parents. The courts also like to stress how important it is that everyone remain civil and cordial to one another and that all adults act like adults when dealing with one another directly or when they are talking about one another. Fostering good relationships between the divorcing parents makes the transition easier for the child and makes everyone happier in the long run.

No related posts.