In Texas parents can be either named as joint managing conservators or sole managing conservator. The different types of conservatorships refer to the rights and duties that each parent has with respect to one another, and has NOTHING to do with visitation.
In Texas, it is assumed that parents should be named as joint managing conservators. Unless limited by the court each joint managing conservators will be awarded the following rights:
- The right to consent to medical, dental and surgical treatment involving invasive procedures;
- The right to consent to psychiatric and psychological procedures;
- The right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
- The right to consent to marriage and to enlistment in the armed forces of the United States;
- The right to make decisions concerning the child’s education;
- The right to the services and earnings of a child’s education;
- The right except when a guardian of the child’s estate or a guardian ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government;
- The right to receive information from the other conservator of the child concerning the health education and welfare of the child;
- The right to confer with the other parent to the extent possible before making a decision concerning the health, education and welfare of the child;
- The right of access to medical, dental , psychological, and educational records of the child;
- The right to consult with school officials concerning the child’s welfare and educational status, including school activities;
- The right to attend school activities;
- The right to be designated on the child’s records as a person to be contacted in the event of an emergency;
- The right to consent to medical, dental, and surgical treatment during an emergency involving a
The above rights can be exercised by each parent separately when they are joint managing conservatorship. However Sole managing conservatorship is when one parent has been awarded the first 6 rights exclusively. Essentially giving the parent who is the sole managing conservator the right to make all decisions for the child. Because Texas law presumes that parents should be names joint managing conservators a person needs to have a really good reason to want to be a sole managing conservator. The argument that they cannot get along with the other parent is no sufficient.
If you would like further information regarding conservatorship or have questions about possession, access, visitation, and determining where your child lives, contact our office and schedule a free consultation.