Key Factors When Pursuing Sole Managing Conservatorship of Your Child

A court’s initial presumption is that joint conservatorship be the decision for minor children in a divorce. However, the determining factor in the case of custody rights is always the best interests of the children. Parents with a history of family violence will often remove the presumption of joint conservatorship toward sole conservatorship as a more favorable choice. A competent family law attorney can help you avoid mistakes when pursuing sole conservatorship of your child.

What Factors Does the Court Consider When Determining Custody?

The consideration for appointing one parent as the sole managing conservator involves many factors:

• A child’s physical and emotional needs

• Physical or emotional danger posed to the child

• How stable the household is

• If one parent was already the primary caregiver

• The parents’ cooperation level

• Distance between living situations

• Each parent’s ability to parent effectively

What are the Exclusive Rights Granted to the Sole Managing Conservator?

A parent-appointed sole managing conservatorship has many rights in regard to their child(ren), including:

• Deciding which home the child will live in and their educational concerns

• Sole say in a child’s medical, dental, psychiatric, and surgical needs

• Legally representing their child(ren) in matters of the court and other legal decisions

• Accepting child support on behalf of the child

• Unless a guardian has been appointed to care for the child’s estate, a sole conservator can act as an agent for the child

What is a Possessory Conservatorship?

When the court appoints one parent as the sole managing conservator, the other parent is usually appointed possessory conservatorship. When a nonparent is named sole conservator, both parents will usually assume possessory conservatorship.

In contrast to sole managing conservatorship, a possessory conservator does not have the final say in most decisions regarding a child. A parent will also not be named possessory conservator if it is not in the best interest of a child. Possessory conservators do still have parental rights, such as:

• Care and protection for the child including reasonable disciplinary action

• Providing the child with clothing, food, and shelter

• Consenting to emergency medical and dental treatment if the child is in immediate danger

Contact a Wise County, TX Family Law Attorney

A child’s care and well-being are very important to any loving parent. Divorcing parents can often worry about how the child will be cared for once the proceeds are finalized. A skilled and compassionate Decatur, TX family law and divorce attorney can help alleviate those worries. The J.A. Griffin Law Firm, P.C. can assist and represent you during any of your Texas child custody disputes. Contact the office at J.A. Griffin Law Firm, P.C. to set up a free consultation and receive an empathic ear for your case.