Sole Child Custody
Sole managing conservatorship, or sole legal custody, is less common in the 21st century than in past years. Courts presume that joint managing conservatorship is better for the children. However, there are circumstances in which sole conservatorship is the best option. At my Houston law office, I explain custody options to divorcing parents, advising them about the best choice for their circumstances. For more information, contact me today.
What does sole managing conservatorship mean?
Sole managing conservatorship means that one parent makes all the major decisions regarding health, religion, and education of the child. Such decisions typically involve:
- Where the child lives
- Mental, dental, surgical, and psychiatric treatment
- Legal representation of the child
- Permission to marry
- Consent to military enlistment
- Making educational decisions
The other parent, known in other states as the non-custodial parent and in Texas as the sole possessory conservator, can make decisions for the child only when he or she is in possession of the child according to the parenting plan.
When does the court award sole conservatorship?
The court may award sole managing conservatorship to one parent when there is clear evidence of family violence on the part of the other parent. In cases such as these, the parenting plan may be limited to supervised contact. Other circumstances that may lead to sole custody include the death or disappearance of one parent, or the court’s determination that the parties are incapable of making decisions together regarding the child’s welfare. If the child is over age 12, he or she may petition the court expressing a wish to live with one parent over the other. The court takes the child’s wishes into account when determining what type of custody arrangements are in the child’s best interests.
To learn more about sole managing conservatorship, contact my Houston family law office. I have been devising practical solutions to custody problems since 1984. Let me put that experience to work for you.