In a divorce or child custody dispute in Texas, the parents are usually named Joint Managing Conservators. This means that the rights and duties of parenthood are shared between the parents. However, in some cases the court might decide to name one parent Sole Managing Conservator.
When a parent is named Sole Managing Conservator, that parent will have the right to make all or most of the decisions regarding the child, and can exclude the other parent from the decision making process. The Sole Managing Conservator’s decision making power might include:
The other parent will be named the Possessory Conservator. That parent will usually get visitation with the child, and will have certain duties when the child is in their possession, such as the duty to provide for the child’s physical needs.
In Texas, there is a rebuttable presumption that appointing both parents Joint Managing Conservators is in the child’s best interest. Why then might the court choose to appoint one parent the Sole Managing Conservator?
Some factors the court might consider when deciding what is in the child’s best interest include:
The court may not favor either parent on account of gender or marital status.
When there are two or more children involved, some families see a split custody arrangement as a possible solution. In a split custody arrangement, one parent will be named the Sole Managing Conservator of one child, and the other parent will be named the Sole Managing Conservator of the other child. This arrangement is not favored by Texas courts.
In Texas, courts prefer to keep siblings together, to be raised as a family. Courts will not usually approve a split custody arrangement unless there is a clear and compelling reason to do so. Of course, the biggest concern is what is in the best interest of the child. So while split custody is not prohibited outright, it is very rare, and only used where there are very good reasons for doing so.
Of course, split custody is more common when the children are not all from the same relationship or marriage, but some of the children are from a previous relationship. In those situations, there is no requirement that there be a clear and compelling reason to split custody.
Most parents do not realize that they can agree on a custody arrangement, and that the court will usually adopt their agreement. It is usually preferable to agree to a custody arrangement outside of court, as in-court custody battles can be emotionally draining. Our family law attorneys are available to help you design a custody arrangement that is right for you family. In those situations where an agreement cannot be reached, our attorneys are prepared to protect your rights in court.
Families should consider both Sole and Joint Managing Conservatorships when deciding which type of arrangement will be right for them. In most cases, a Joint Managing Conservatorship is best for the children involved, but not always. Courts and parents should be most concerned with what is best for the child, and in some cases, that may be appointing one parent Sole Managing Conservator.
The attorneys at Pat White are experienced at handling all types of custody arrangements,
including Sole Managing Conservator arrangements. Our
child custody
attorneys are ready to find a solution that works best for your family situation.
If you are in Fort Worth or
Tarrant County including Fort Worth, Benbrook, Lake Worth, Eagle Mountain, Saginaw,
Blue Mound, Weatherford, Azle, Granbury, Aledo, and Surrounding Areas and have questions
about creating or maintaining an effective custody arrangement,
contact
Pat White today to discuss your case.
