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Types of Custody

TYPES OF CUSTODY

What are Joint Managing Conservators?Courts typically presume that it is in the best interest of the child that parents be named Joint Managing Conservators of their children.  In a joint managing conservatorship, rights to make decisions regarding the children are split between the parties either as the parties agree or as the judge decides.   Typically, in a standard order, the rights are split independently which means that each party maintains all these rights.  The independent rights that joint managing conservators share include the following:

1. the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child.

2. 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.

3. the right of access to medical, dental, psychological, and educational records of the child.

4. the right to consult with a physician, dentist, or psychologist of the child.

5. the right to consult with school officials concerning the child’s welfare and educational status, including school activities.

6. the right to attend school activities.

7. the right to be designated on the child’s records as a person to be notified in case of an emergency.

8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.

9. the right to manage the estate of the child to the extent the estate has been created by the parent/conservator or the parent/conservator’s family.

10. the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and

11. the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter.  IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate.  IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged.  WARNING:  A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

12. the duty of care, control, protection, and reasonable discipline of the child.

13. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure.

14. the right to consent for the child to medical and dental care not involving an invasive procedure.

15. the right to direct the moral and religious training of the child.

16. Only one parent shall have the exclusive right to designate the primary residence of child in a specific geographical area, which is commonly the county in which the child currently resides and the contiguous counties thereto.

17. the right to consent to medical, dental, and surgical treatment involving invasive procedures may be subject to agreement, an independent right or an exclusive right;

18. the right to consent to psychiatric and psychological treatment of the child may be subject to agreement, an independent right or an exclusive right;

19. Only one parent shall have the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

20. the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child may be subject to agreement, an independent right or an exclusive right;

21. the right to consent to marriage and to enlistment in the armed forces of the United States may be subject to agreement, an independent right or an exclusive right;

22. the right to make decisions concerning the child’s education may be subject to agreement, an independent right a joint right or an exclusive right;

23.  except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child may be subject to agreement, an independent right or an exclusive right;

24.  except when a guardian of the child’s estate or a guardian or attorney 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 may be subject to agreement, an independent right or an exclusive right; and

25.  the right to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent/conservator may be subject to agreement, an independent right or an exclusive right.

When will the Court Not Apply the Presumption that Both Parents should be named Joint Managing Conservators?

Courts will deviate from this standard when drugs, alcohol, neglect, domestic violence, and abuse are involved.  A parent can fight for sole managing conservatorship when these factors are present.

A person with “sole managing conservatorship” has the rights and duties as set out in section 153.132 of the Texas Family Code.  The sole managing conservator exercises these rights (listed in items 16 through 25) exclusively and does not share them with the other parent.  The other parent is termed the “possessory conservator” and has limited rights.

Contact our firm at (281) 220-1067 and discuss the legal options in your matter.