What is a Sole Managing Conservatorship in Texas?

Texas does not use the term “child custody” in official family law proceedings. Instead of sole custody, you will hear the term sole managing conservatorship. While Texas favors some form of shared parenting, the award of a sole managing conservatorship can be awarded if deemed in the best interests of the child. In this article, our Houston child custody lawyers discuss sole managing conservatorships in Texas.

A Sole Managing Conservator Has Exclusive Decision-Making Rights

A parent appointed as a sole managing conservator receives important exclusive rights over the child. Under Texas Family Code § 153.132, these generally include the right to designate the child’s primary residence, consent to invasive medical and dental treatment, consent to psychiatric and psychological treatment, make certain educational decisions, receive child support payments, and make other significant legal decisions for the child.

Texas Generally Presumes Joint Managing Conservatorship is Appropriate

Texas law starts with a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interests. However, that presumption can be overcome. The court must ultimately enter a conservatorship arrangement that protects the child’s best interests.

For example, a history of family violence involving the parents removes the statutory presumption favoring joint managing conservatorship. Texas law also imposes specific restrictions when credible evidence shows a history or pattern of child neglect, physical abuse, or sexual abuse.

Sole Managing Conservatorship Does Not Automatically Eliminate the Other Parent’s Access

To be clear, a sole managing conservatorship is not a termination of parental rights. Indeed, being named sole managing conservator does not necessarily mean that the other parent loses all possession of or access to the child. Under Texas Family Code § 153.191, a parent who is not appointed a managing conservator generally must be appointed a possessory conservator unless the court finds that doing so would not serve the child’s best interests and that possession or access would endanger the child’s physical or emotional welfare. The court can impose restrictions or limitations when necessary to protect the child. Depending on the circumstances, that can include a carefully structured possession schedule or supervised access.

A Sole Managing Conservatorship Order Can Later Be Modified

A conservatorship order is not necessarily permanent until the child becomes an adult. Under Texas Family Code § 156.101, a court may modify conservatorship or possession provisions when modification would be in the child’s best interests and a statutory basis for modification exists. One common basis is a material and substantial change in circumstances affecting the child, a conservator, or another party affected by the order. 

Call Our Houston Child Custody Attorney Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is standing by, ready to help. If you have any questions about sole managing conservatorships, please do not hesitate to contact us today to set up a strictly confidential initial consultation. With an office in Houston, we handle child custody cases in Harris County and throughout all of Southeast Texas.

Source:

statutes.capitol.texas.gov/GetStatute.aspx?Code=FA&Value=153.132