In Texas, it is very rare for a court to fully terminate the parental rights of either party. However, if a situation calls for one parent to obtain sole conservatorship of their child, the court will grant it.
What Is Sole Conservatorship?
In Texas, child custody is legally referred to as “conservatorship.” Furthermore, there are 2 types of conservators:
Parents can either be sole or joint managing conservators of a child. The sole managing conservator is granted exclusive rights to decide for their child. Additionally, the parent will obtain the right to:
- choose where the child will live;
- make appointments for medical, dental, and/or surgical procedures;
- consent to any psychiatric or psychological treatments for the child;
- give and receive payments for support of the child;
- represent the child during legal proceedings;
- consent to the child marrying or enlisting in the armed forces;
- make decisions regarding education; and/or
- act as an agent of the child in regards to their estate.
Possessory conservatorship refers to who has physical custody of a child, whether that be full-time or through visitation. A court will usually implement a possession plan after the decision to grant either sole or joint conservatorship.
The law favors the idea that both parents share time as equally as possible. If there is no evidence of gross parental misconduct (neglect, abuse, etc.), the court will usually grant joint possessory conservatorship. It’s possible for one parent to obtain sole managing conservatorship while sharing possessory custody with the other parent.
Overcoming Joint Managing Conservatorship
Texas follows the best interest standard when deciding how to divide conservatorship of a child. This means a judge will look at the following factors before making a decision:
- the child’s wishes;
- the physical and emotional needs of the child;
- the parents’ ability to provide stability;
- the parenting plans of each party;
- the existence of domestic abuse; and/or
- the filing of a false child abuse report.
If either party has been convicted of domestic violence, Texas Family Code prohibits appointing the parents joint managing conservators. However, this does not mean the parent convicted of domestic violence will not receive possessory periods of access to the child.
Protecting Your Child’s Best Interests
Law Offices of Frank E. Mann, P.C. is dedicated to helping our clients obtain a conservatorship ruling that would work best for their child. Our sole conservatorship attorney will do what he can to build a strong case for why you should gain full control over decisions regarding your child.
For a complimentary case evaluation, call our firm at (713) 903-8112 or contact us online.