Individuals with pending divorces or child custody cases in Texas would do well to familiarize themselves with the term conservatorship. While it is always a good idea to secure a skilled and competent attorney, this does not negate the necessity to learn as much as possible about the issue.
What Is Conservatorship
Conservatorship is the term used in Texas courts in reference to how the shared custody of a child will be handled for individuals that are divorced or were never married.
The first issue with conservatorship in Texas pertains to the title given to each parent.
In the state of Texas, both parents can be designated ‘joint managing conservators.’ Alternatively, one parent can be designated as the ‘sole managing conservator’ and the other will become the ‘possessory conservator.’ Texas courts will always begin with the presumption of joint conservatorship. It is only when one parent demonstrates serious negative behavior that the sole and possessory titles become applicable.
Conservatorship Duties And Rights
A second consideration pertaining to conservatorship in Texas is that of parental rights and responsibilities. Some rights are afforded to parents no matter the present conservatory title. There are other rights that if not allocated to one parent or the other, they are then shared by both parents. One right that must be allocated is the authority to choose the primary residence of the child.
Other examples of rights to be allocated are the right to receive financial support on the child’s behalf and the right to make decisions regarding a child’s education.
The third consideration with conservatorship is the time the child will spend with each parent. The Standard Possession Schedule of Texas was established to provide guidance in this matter. There are available extensions to the Possession schedule that are intended to make the process simpler for parents. One example of an extension would be the allowance for a parent to pick the child up from school on the day of their designated possession.
Texas uses standard guidelines for child support to establish the percentage of income required by the paying parent. The court possesses some discretion to move away from the guidelines when it sees fit.
The financial support aspect of conservatorship in Texas also includes medical expenses. One parent will be responsible for assuring the child has medical insurance.
Contact Eggleston Law Firm
Issues pertaining to conservatorship in the state of Texas are serious legal matters. Individuals should not attempt to handle these cases on their own. Conservatorship cases that are not handled correctly can cause considerable negative consequences for the family.
Bryan Eggleston and the Eggleston Law Firm are Texas family lawyers dedicated to helping real people that encounter real problems. Individuals in the Austin, Texas area in need of a lawyer skilled in conservatorship, or any other area of Texas family law, should call Bryan Eggleston at Eggleston Law Firm at 512-590-3585.