In Texas, the legal term for custody is “conservatorship.” When parents divorce or separate, courts must decide how to divide parental rights and responsibilities. The two main types of conservatorship arrangements are sole managing conservatorship (SMC) and joint managing conservatorship (JMC). Understanding the difference between these arrangements is crucial because they determine who makes major decisions about your child’s upbringing, from education to medical care. This guide explains what each arrangement means, how courts decide between them, and what options exist if you need to modify an existing order.
Why Choose Smith & Bledsoe Family Law for Conservatorship Guidance
When facing conservatorship decisions, you need an attorney who understands Texas family law and has experience navigating complex custody disputes. The team at Smith & Bledsoe Family Law brings deep experience to every case. Managing Partner Christian Smith is recognized as a Texas Super Lawyers Rising Star (2023-2024) and was named an Austin Monthly Top Attorney in 2023. The firm’s experienced family law attorneys have handled numerous conservatorship disputes and understand how local Travis County judges approach these cases. Whether you’re seeking sole managing conservatorship or working to establish a joint arrangement that protects your interests, Smith & Bledsoe Family Law provides the guidance and advocacy you need. Call (512) 277-3166 to discuss your situation.
What Is Sole Managing Conservatorship?
In a sole managing conservatorship arrangement, one parent, the managing conservator, holds exclusive decision-making authority over the child. The other parent becomes the possessory conservator, which means they retain the right to possess and visit the child but cannot make major decisions without the managing conservator’s consent.
The managing conservator in an SMC arrangement has eight exclusive rights under Texas Family Code Section 153.0745:
- Designating the child’s primary residence
- Consenting to medical, dental, and surgical procedures
- Making decisions about psychiatric or psychological treatment
- Hiring an attorney to represent the child
- Consenting to the child’s marriage or enlistment in the military
- Making education decisions
- Managing the child’s services and earnings
- Acting as the child’s estate agent
The possessory conservator still maintains important parental rights. They can visit the child according to a court-ordered schedule, receive child support if applicable, and stay involved in the child’s life. However, they cannot override the managing conservator’s decisions on major issues.
What Is Joint Managing Conservatorship?
In a joint managing conservatorship arrangement, both parents share decision-making rights and responsibilities regarding the child. Texas law creates a presumption that joint managing conservatorship is in the child’s best interest, as stated in Texas Family Code Section 153.131(b). This presumption reflects the state’s policy favoring continued involvement of both parents in their child’s life.
A common misconception about JMC is that it automatically means equal possession time. This is not accurate. Joint managing conservatorship refers to decision-making authority, not the possession schedule. Two parents can have JMC while one parent has significantly more parenting time than the other. The possession schedule is determined separately from the conservatorship designation.
In some JMC arrangements, courts grant exclusive decision-making rights to one parent. For example, one parent might have exclusive authority over education decisions while both parents must agree on medical decisions. This flexibility allows courts to tailor arrangements to each family’s circumstances while maintaining both parents’ involvement in major decisions.
How Courts Decide Between Sole and Joint Conservatorship
Texas courts apply the “best interests of the child” standard when determining conservatorship arrangements. This standard requires judges to consider multiple factors about each parent and the child’s needs under Texas Family Code Section 153.002.
Courts examine the level of parental involvement and stability each parent provides. They consider the child’s physical and emotional needs, as well as the child’s preferences if the child is old enough to express them meaningfully. The court also evaluates each parent’s ability to cooperate and make joint decisions. This is a critical factor in JMC arrangements.
History matters significantly in these decisions. Courts carefully review any history of family violence, abuse, neglect, or substance abuse. If a parent has a documented history of family violence, the presumption favoring JMC is removed. In such cases, courts are more likely to award SMC to the non-violent parent to protect the child’s safety and well-being.
The court also considers each parent’s relationship with the child, the stability of each parent’s home environment, and whether each parent can meet the child’s daily needs. Judges in Travis County and surrounding areas apply these factors consistently, though each case is unique.
Modifying Your Conservatorship Arrangement
Conservatorship orders are not permanent. If circumstances change significantly, either parent can request a modification. Texas law allows modification when there has been a substantial and material change in the circumstances of the child or either parent, as outlined in Texas Family Code Section 156.401.
Examples of changes that may justify modification include a parent’s job loss or relocation, significant changes in the child’s needs or health status, or a determination that the current arrangement no longer serves the child’s best interests. If one parent is not cooperating with a JMC arrangement, the other parent may seek modification of the SMC.
Any modification requires court approval. You cannot simply change the arrangement on your own. An attorney can help you evaluate whether your situation qualifies for modification and guide you through the legal process.
Frequently Asked Questions
What’s the difference between a managing conservator and a possessory conservator?
A managing conservator holds decision-making authority over major issues affecting the child. A possessory conservator has the right to possess and visit the child but cannot make major decisions without the managing conservator’s consent. In sole managing conservatorship arrangements, one parent serves as the managing conservator, and the other serves as the possessory conservator.
Can parents modify a conservatorship order after divorce?
Yes. If there has been a substantial and material change in circumstances, either parent can request modification. The court must approve any modification. Changes might include relocation, job loss, changes in the child’s needs, or failure of the current arrangement to serve the child’s best interests.
Does joint managing conservatorship mean equal custody time?
No. Joint managing conservatorship refers to decision-making authority, not possession time. Parents can have JMC while one parent has significantly more parenting time. The possession schedule is determined separately and can be unequal even when both parents share decision-making authority.
What happens if parents can’t agree on a joint managing conservatorship?
If parents cannot cooperate on decisions in a JMC arrangement, the court can award exclusive rights to one parent for specific decisions. For example, one parent might have exclusive authority over education while both must agree on medical decisions. If cooperation continues to fail, either parent can seek modification to sole managing conservatorship.
How does family violence affect conservatorship decisions?
Family violence significantly impacts conservatorship decisions. If there is a documented history of family violence, the presumption favoring JMC is removed. Courts prioritize the child’s safety and are more likely to award SMC to the non-violent parent. The court may also impose restrictions on the other parent’s possession time or require supervised visitation.
Take the Next Step in Your Custody Matter
Conservatorship decisions affect your child’s future and your relationship with them. If you’re facing a conservatorship dispute, modification, or need guidance on what arrangement is right for your family, contact Smith & Bledsoe Family Law. Our attorneys understand Texas conservatorship law and have experience handling complex custody cases. Contact us today to discuss your situation with an experienced family law attorney.
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