Texas Conservatorship: Definition, Types and Who Can Apply for Conservatorship

Filing for divorce is never an easy task, so much more if kids are involved. Your children’s welfare will always be the priority, and the court will determine who will deem fit to receive conservatorship.

What is Conservatorship?

Child Custody is called Conservatorship in Houston, Texas. Conservatorship gives the parent the rights to make big decisions when it comes to the children’s health, education, place to live in and upbringing. Conservatorship does not necessarily mean you get to spend more time with the kids. However, it does give you the power to decide anything related to the children.

What are the Types of Conservatorship/Child Custody?

Either both parents will agree, or the Court of Texas will decide who will receive custody.  Before the trial, temporary custody is awarded to one parent while waiting for the final decision of the divorce. There are two types of Child Custody in Texas: Sole Custody and Joint Custody.

Sole Custody

Only one parent is considered the Sole Managing Conservator of the child or children. Sole Custody is the type of custody where the parent granted conservatorship gets to decide essential matters on behalf of the child or children. These issues include

  • Residence – the place where the child or children will stay
  • Education – which school the child will go to
  • Health – what medical, dental or psychiatric decisions or treatments will be applied
  • Religion – which religion the child or children will practice
  • Extracurricular Activities and Sports
  • Child Support – how the child’s money will be handled and spent

Joint Custody

Both parents are granted custody of and are called Joint Managing Conservator of the child or children. Joint Custody means the parents can equally decide on essential matters. If, however, both parents are not able to come up with a decision with as to where their child or children will live, they can file a custody battle. The court will then decide where the child’s residence will be.

The parent the child or children they will live with is called a Primary Conservator. The other parent, although called as the Non-Primary Conservator, still has the same rights as the primary conservator. The name is only used to indicate which parent gets to live with the child or children. Naturally, the Non-Primary Conservator has to pay for child support as the Primary Conservator is already handling most of the kid/kids expenses.

Are there any other individuals who can file for child custody?

Yes, as long as they meet the requirements, the following can file a petition:

  •    A guardian or custodian
  •    An authorized agency
  •    A government entity
  •    A man claiming to be the father of the child/children
  •    A relative
  •    A foster parent or
  •    The child (with the help and guidance of a court-approved representative)

A child custody lawyer is a licensed individual who has professional knowledge when it comes to such cases. Finding yourself a child custody lawyer in Houston, Texas would make things a lot easier for you. The stress of the divorce alone can drain you, plus the headaches or arguing on who deserves to have custody over the children can take a toll on you.

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