What Is Sole Managing Conservatorship?
What is Sole Managing Conservatorship in Texas?
A parent designated as sole managing conservator has all exclusive rights regarding the children and does not share them with the other parent. These rights and duties are set out in section 153.132 of the Texas Family Code. The other parent is designated as the possessory conservator with limited rights but still may exercise possession and visitation with the children.
Joint Custody VS Sole Managing Conservatorship in Texas
A common misconception in the arena of Texas family law is that conservatorship and custody are the same thing. In the state of Texas, conservatorship is the designation as to which parent has the right to make certain decisions and exercise certain duties.
In Texas, there is a presumption that parents shall be appointed as joint managing conservators of a child. Most divorces or custody suits result in parents being named as joint managing conservators. The presumption of joint managing conservatorship may be rebutted with facts showing that the child’s emotional and physical well-being would be impaired by the appointment of one parent with authority above that of a possessory conservator. This is often evidenced by documented neglect or abuse. A parent who has been granted a protective order against the other parent due to domestic or familial violence is entitled to be appointed sole managing conservator.
Follow Up With An Experienced Attorney
Understanding the implications of and process of determining a managing or possessory conservator can take substantial experience in the Texas legal system. Mary E. Ramos is a board certified attorney committed to achieving positive outcomes for every one of her clients. She has the knowledge, experience, and reputation you’re looking for when going through a divorce. Consider this information about Sole Managing Conservatorship in Texas and schedule a consultation with our attorneys at Ramos Law Group, PLLC, today.