Under Texas law, parents may be named sole managing conservator, joint managing conservator, or possessory conservator. Each title confers different legal rights and duties upon each parent. A sole managing conservator has the exclusive right to make important child-rearing decisions and to determine the primary residence of the child. In addition to the exclusive rights, a sole managing conservator frequently is not subject to a geographic restriction which often is of heightened importance to the conservator. The exclusive rights and duties granted to a sole managing conservator are listed below.
The Rights of a Sole Managing Conservator in Texas
According to the Texas Family Code, a sole managing conservator has the exclusive right to:
- Designate the primary residence of the child
- Consent to medical, dental, and invasive surgical procedures
- Consent to psychological and psychiatric care
- Make educational decisions for the child
- Apply for, renew, or maintain possession of their child’s passport
- Represent the child in legal action
- Consent to marriage or enlistment in the military
- Receive child support
How do I Get Sole Managing Conservatorship in Texas
remember that you are likely to be responsible for sharing decision-making rights for your child with their other parent unless dangerous circumstances are at play with the other parent. Soon-to-be ex-spouses can agree for one spouse to be sole managing conservator, and in that sense, you may be able to obtain a sole managing conservatorship. However, unless there are circumstances like domestic violence, neglect, physical abuse (criminal activity), drug/alcohol abuse or other actions that show extremely poor decision making concerning a child’s wellbeing, a court is unlikely to disregard the joint managing conservator presumption. However, if you have these types of facts, you should take whatever steps necessary to safeguard your child from these dangers. In that situation, it is imperative that you can prove the dangerous and harmful actions of the other parent, otherwise such a strategy can blow up in your face with a court determining you are making unfounded allegations in an attempt to gain an advantage in child custody litigation.
Reasons why a Texas Court May Order a Sole Managing Conservatorship
There are multiple factors a court may consider before ruling on conservatorship. Some compelling reasons for a sole managing conservatorship include:
- One parent’s history as primary caregiver
- Neglect or abuse
- Stability of the home
- Drug/alcohol abuse by one parent
- Domestic Violence
- Geographic proximity to the child’s current locale
- History of criminal activity
- The child’s wishes
- Emotional and physical needs of the child
Hiring a Board-Certified, Denton County, TX child custody modification lawyer.
When your child custody modification issues arise, it is important to hire a Board-Certified child custody modification lawyer in Denton County, Texas you are selecting an attorney with recognized experience. Mark Scroggins is Board-Certified in family law by the Texas Board of Legal Specialization. To become Board-Certified, a lawyer must demonstrate they have practiced in their area of specialization for a certain number of years and have litigated a minimum number of hearings and trials in a variety of matters in specialization practice area. In high conflict custody modifications, the experience of a Board-Certified family law attorney is valuable.
Where should a child custody modification case be filed?
A petition to modify a child custody order must be filed in the same county that signed the original order. If the child is living in Denton County and the original order was entered in Dallas County, you would be required to file the modification in Dallas County and your child custody modification lawyer would simultaneously file a motion to transfer the case to the new county where the child resides.
What happens when my child custody order is from another state outside of Texas?
Historically and with so many corporate headquarters located in North Texas it is no surprise that many of the people seeking to modify their custody order, are working off a custody order that was entered in another state outside of Texas. Generally, the original court with jurisdiction can acknowledge a parent and child moving to another state, often with the permission of the original court, and concede that Texas is the new proper state to have jurisdiction over the custody determinations for the child. Jurisdictional issues are technical and depend on a variety of factors from state to state and it is important to use an experienced family law attorney.
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Does Sole Managing Conservatorship Mean Sole Physical Custody?
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