When parents separate or divorce, one of the most critical decisions revolves around the care and custody of their children. In Texas, the legal term for this is “conservatorship.” Conservatorship dictates the rights and responsibilities each parent has regarding their child. Joint Managing Conservatorship is very common in Texas. In a Joint Managing Conservatorship the parents share most of the important rights and duties regarding the children.
However, there are situations where sole managing conservatorship is in the best interest of the children.
This article explains what sole managing conservatorship (often called “SMC”) is, how SMC differs from joint managing conservatorship (often called “JMC”), and when sole managing conservatorship might be appropriate.
What is Sole Managing Conservatorship?
In Texas, a Sole Managing Conservator is a parent who is granted the majority of legal rights and responsibilities regarding a child. This means that a SMC parent has the primary authority to make important decisions about the child’s life, including:
•Where the child lives (primary residence).
•The child’s education.
•The child’s medical care.
•Religious upbringing.
The SMC can make these important decisions largely without any input from the other parent. While there is often a duty to inform the other parent when something happens to a child (serious illness, change in school/address etc.). The SMC parent can normally take action on their own, unilaterally, as they see fit.
How is Sole Managing Conservatorship Different From Joint Managing Conservatorship?
The key difference lies in the decision-making power. In a joint managing conservatorship, both parents share the legal rights and responsibilities and are expected to make decisions together. This is often the case when both parents are deemed fit and able to co-parent effectively.
What about the other parent in a Sole Managing Conservatorship, the non-primary parent?
The other parent, the non-primary parent, is called the Possessory Conservator. The possessory conservator typically has a schedule for visitation and is obligated to pay child support, but does not share the same decision making authority as the sole managing conservator.
What are the Rights of the Possessory Conservator?
Even when a parent does not have sole managing conservatorship, they still have important rights and responsibilities in their child’s life. The possessory conservator typically has the right to:
- Spend time with their child as per the court’s orders for possession and access.
- Receive information about their child’s health, education, and well-being.
- Consult with the child’s physician, dentist, and other professionals involved in their care.
When is Sole Managing Conservatorship Appropriate?
Courts in Texas prioritize the best interest of the child when determining conservatorship. Sole managing conservatorship is typically considered when one parent is deemed incapable or unfit to make decisions in the child’s best interest.
Here are some circumstances where a court might order sole managing conservatorship:
- Abuse or Neglect: If one parent has a history of physically, emotionally, or sexually abusing or neglecting the child, the court will likely grant the other parent sole managing conservatorship.
- Substance Abuse: When one parent has a severe addiction that impairs their ability to care for the child, sole managing conservatorship may be awarded to the other parent.
- Domestic Violence: If one parent has been shown to perpetrate domestic violence, courts may determine that it is not safe for the other parent or children to co-parent and award sole managing conservatorship.
- Parental Abandonment: A parent who is consistently absent, neglects their responsibilities, or demonstrates a lack of interest in the child’s life may be deemed unfit for joint decision-making.
It is also important to note that a non-parent, such as a grandparent, can be appointed as a child’s sole managing conservator in certain situations if it is in the best interest of the child.
Let Guest and Gray’s Family Law Team Protect Your Family
Navigating conservatorship issues is both complex and emotionally challenging. We understand that nothing is more important than the safety of your children. Our goal is to provide your children with the best possible future, with the safety and security children need to thrive.
If you are facing a child custody issue in Forney or Rockwall, you should call our family law team. Guest and Gray is the largest family law firm in both Kaufman and Rockwall County, and we have over a century of combined litigation experience. We are also the highest rated local legal team and we encourage you to compare our firm and see for yourself. We also serve Dallas and Collin County, but most of our cases are in Kaufman and Rockwall.
Take Control of Your Child’s Future Today
Understanding your options regarding conservatorship is a crucial first step. Don’t let the stress or fear of the unknown overwhelm you. We know how hard it can be to pick up the phone and get started. That is why we offer free consultations. We will explain your options, discuss pricing, and then you can decide if we are the right team for you.
