If you're navigating the sometimes choppy waters of family law, you've probably come across the term "conservatorship." Don't let it intimidate you! Let's break it down in more simple terms.
What is Conservatorship?
Think of conservatorship as the legal term for what most folks call "custody." Specifically, a term that is one part of three broad rights that makes up what most of us would consider "custody". I like to think that the Texas legislature broke up "custody" into three parts: 1) Decision Rights, 2) Possession and Access (Visitation), and 3) Financial matters (child support/medical/etc.).
Today, I would like to take one of those elements: 1) Decision Rights or "Conservatorship" as the code refers to it legally. It's the bundle of rights and responsibilities parents have for their children.
Types of Conservatorship
Joint Managing Conservators (JMC):
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Shared Decision-Making: In most cases of JMC, both parents share the right to make major decisions about the child's life. This includes decisions related to:
- Education (school choice, extracurricular activities)
- Medical Care (non-emergency treatment, choice of doctors)
- Religious Upbringing
- Psychological Care
- Primary Residence: While decision-making is shared, typically one parent is designated as the primary conservator, meaning the child primarily resides with them. This parent may have slightly more say in day-to-day decisions, but major decisions still require agreement from both parents.
Sole Managing Conservator (SMC):
- Exclusive Decision-Making: The SMC has the exclusive right to make all major decisions about the child's life without needing to consult the other parent.
- Possessory Conservator's Rights: The other parent, designated as the possessory conservator (PC), has visitation rights but no decision-making authority.
Specific Issues:
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Relocation: If a parent wants to move a significant distance with the child, they usually need the other parent's consent or court approval if there is a geographical restriction. [You can read about Geographic Restrictions:
Geographic Restrictions: You Can't Make Me Live Here, This is America!]
Important Note: The specific rights and duties of conservators can vary depending on the exact wording of the court order. The above Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator are categories and general terms. Attorneys and Judges often use them as a type of "short-hand" to describe the general rights of a parent in just one or two words. When we want to know the specific rights we go to the order. In other words -- IT'S JUST A WORD in most cases, and if you and your significant other are caught up on the term and 'role' -- as a JMC, SMC, or PC, I would consider looking more specifically at the decision rights. For example, it is entirely possible for the parties to be named JMC but only one parent having all the decision rights. Or one parent being named PC but still having joint education decision rights. I will write more about potential methods of overcoming gridlock on decision rights in another post. It's crucial to consult with a family law attorney to understand the specifics of your situation.
Deciding Who Gets What
When parents can't agree on conservatorship, the court steps in. They consider what's in the best interest of the child, taking into account factors like:
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- Desires of the child
- Emotional and physical needs of the child now and in the future
- Emotional and physical danger to the child now and in the future
- Parental abilities of the individuals seeking custody
- Programs available to assist these individuals to promote the best interest of the child
- Plans for the child by these individuals or by the agency seeking custody
- Stability of the home or proposed placement
- Acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one
- Any excuse for the acts or omissions of a parent
Remember: Every family is unique, and there's no one-size-fits-all solution when it comes to conservatorship. Let's work together to find an arrangement that works for you and your child!
The Bottom Line
If you're going through a divorce or child custody case, don't hesitate to reach out to a family law attorney. We're here to guide you through the process and help you make the best decisions for your family.
