Understanding Conservatorship and Possession in Texas Family Law Cases

 Posted on June 22, 2022 in Family Law

When parents need to address issues related to their children in family law cases, they may encounter some unfamiliar legal terminology. While a parent may expect to address issues related to child custody, they may be confused by terms such as “joint managing conservatorship” or “possession and access,” and they may worry that failure to address these issues properly could affect their ability to maintain relationships with their children following a divorce or a breakup with an unmarried partner. By working with an attorney who has a strong knowledge of Texas law and experience representing clients in family court, a parent can protect their rights and resolve matters in a way that will provide for the best interests of their children.

Addressing Issues Related to Legal and Physical Custody of Children

In family law cases, custody of children is typically divided into two categories: legal custody and physical custody. In Texas, legal custody is referred to as conservatorship. A person who is named as a child’s conservator by a family court will have a number of rights and obligations, including the right to be involved in decisions about children’s health and education, the right to access children’s school or medical records, and the duty to provide children with the necessary care, protection, and discipline.

Courts will usually presume that it is in children’s best interests for parents to share joint managing conservatorship. This will give both parents the right to consult with each other as they make decisions about how their children will be raised. However, in certain situations, sole managing conservatorship may be appropriate, such as when one parent is incarcerated or absent.

In addition to conservatorship, parents may also share physical custody of their children, which is known as “possession and access” in Texas. In fact, even if one parent is named as a sole conservator, the other parent may be named a “possessory conservator,” which will give them the right to have regular and reasonable visitation time with their children. During times that children are in the care of a parent, that parent will have the right to make decisions about emergency medical treatment, and they will have the obligation to provide children with food, clothing, and shelter while performing childcare duties and meeting children’s needs. A possessory conservator or a joint managing conservator who is considered the non-custodial parent will usually be ordered to pay child support to ensure that children will have sufficient financial resources to meet their needs at all times.

Contact Our Collin County Child Custody Lawyer

There are multiple complex issues that may arise during a family law case involving children. To protect their rights and make sure they will be able to meet their children’s needs going forward, a parent will want to work with an experienced lawyer who can explain the laws that apply to them and the steps they can take to resolve disputes with the other parent. Pfister Family Law provides representation for parents in divorce and family law cases, helping them find solutions that will allow them to maintain good relationships with their children. Contact our Frisco child conservatorship attorney at 972-954-6455 to set up an initial consultation today.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm