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December 11, 2019

Child Custody Laws in Texas

In the state of Texas, child custody is oftentimes referred to as “conservatorship.” So instead of referring to a parent as a “custodian,” courts in the state of Texas are referred to as a “conservator.” Furthermore, conservatorship is the term that describes the legal rights and responsibilities of a parent.

A family law judge decides on the detailed terms of a conservatorship. In the case that both parents come to an agreement for a custody plan, then the courts will just approve a written agreement. In all custody cases, the most important concern for courts is what is the best interest of the child. Moreover, here are the two types of conservatorship in the state of Texas:

  • Joint Managing Conservatorship (JMC)
  • Sole Managing Conservatorship (SMC)

Rights Included in a Conservatorship

Child Custody Laws in Texas

Child Custody Laws in Texas

For the most part, a conservatorship includes the following rights:

  • Getting information from the other parent about the child’s health, education, and welfare of the child
  • Obtaining access to psychological, dental, medical, and education records of the child
  • Ability to speak to a psychologist, physician, or dentist about the child
  • Speaking to a school’s officials regarding the welfare and education status of the child, with the inclusion of school activities
  • Consent to dental, surgical, and medical treatment during an emergency involving dangers to both the health and safety of the child

Joint Managing Conservatorship

In a Joint Managing Conservatorship (JMC),  both parties share the duties and the rights of a parent. Even in this situation, one parent is awarded the exclusive right to make certain decisions. In the case that both parties are named conservators, the courts will specify the responsibilities of each parent separately and jointly.

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Sole Managing Conservatorship

An SMC, or Sole Managing Conservatorship, means that a single parent has the right to make certain decisions regarding the child. Additionally, an SMC gives the designated parent rights, such as:

  • Making a decision on the primary residence of the child
  • Ability to consent to medical and dental treatment
  • Consenting to a psychiatric and psychological treatment
  • Legal right to attend school activities
  • Right to receive child support
  • Ability to make decisions concerning the child’s education

Keep in mind that this is simply an overview of child custody laws in Texas. If you want to learn more about our child custody law services, contact us by calling (214) 546-5746. We look forward to hearing from you and helping you in your child custody case.