In Texas, the law outlines parental rights and responsibilities using terms like Managing Conservator and Possessory Conservator, each carrying specific duties, rights, and limitations. Knowing what these roles mean is essential to protecting your relationship with your child.
At Albin Oldner Law Group, our Frisco family law lawyers help parents understand and assert their rights, no matter what the court order says about conservatorship.
What Is a Managing vs. Possessory Conservator?
In Texas family law, conservatorship refers to a parent’s legal rights and responsibilities regarding their child, not just where the child lives
- A Sole Managing Conservator (SMC) is a parent who is granted the exclusive right to make major decisions for the child, like determining the child’s primary residence, consenting to medical treatment, and making educational and legal choices. This arrangement is typically awarded when the court finds it’s not in the child’s best interest for the parents to share decision-making responsibilities, such as in cases involving family violence, substance abuse, or a parent’s extended absence (Texas Family Code § 153.131).
- The other parent is often appointed as a Possessory Conservator. While they may not have final decision-making authority, they usually retain visitation rights and the ability to make day-to-day decisions while the child is in their care. Texas law ensures that both parents can remain involved in their child’s life, unless limited by the court for safety or other serious reasons.
- In many cases, parents are appointed as Joint Managing Conservators (JMCs). This means both share in rights and duties concerning the child. The court will usually specify which parent has the exclusive right to determine the child’s primary residence and may allocate other rights either jointly or independently.
Keep in mind that the court’s goal is always to prioritize the best interests of the child (Texas Family Code § 153.002), which emphasizes that the child maintains meaningful relationships with both parents when possible.
Rights of a Possessory Conservator in Texas
Being named a Possessory Conservator does not mean you lose your rights as a parent. Even if the other parent has the exclusive right to determine your child’s primary residence, Texas law still protects your ability to stay informed and involved in your child’s life. Possessory Conservators typically have the right to access important information, like school and medical records, and to be notified about big life events.
Under Texas Family Code § 153.073, a Possessory Conservator has the right, unless otherwise restricted by court order, to receive information about the child’s health, education, and welfare; consult with doctors and teachers; and access school, medical, dental, and psychological records.
Decision-making rights vary based on the language of your specific order. In some cases, one parent may have the exclusive right to make certain decisions, while others must be made jointly. While Possessory Conservators usually don’t have final authority, they can still provide input and stay actively engaged.
Remember, maintaining a consistent, positive presence in your child’s life is supported by Texas law.
Parenting time and visitation
Possessory Conservators are usually given standard possession or a custom visitation schedule. This lets the child spend time with both parents to help support emotional bonds and continuity of care.
Texas courts encourage frequent and continuing contact with both parents, as long as it is safe and in the child’s best interest. If your visitation rights are blocked or ignored, you may need to pursue enforcement through the court.
Financial responsibilities and child support
Conservatorship and financial obligations are separate issues. If you are ordered to pay child support, this must be done regardless of how much time you spend with your child.
Support is calculated based on your income, number of children, and the court’s child support guidelines. Even if you disagree with the custody arrangement, failing to pay child support can result in serious legal consequences.
If your circumstances change, such as through job loss, you may be able to request a modification of the support order. To pursue a modification, you’ll need to file a petition with the court and demonstrate that the change is in the child’s best interest.
When to consult a family law attorney
Navigating conservatorship in Texas can be confusing and emotionally challenging. If you’re a Possessory Conservator looking to spend more time with your child or seeking to modify an existing order, a family law attorney can provide essential guidance. An attorney can help you understand your current rights under the order, enforce visitation if the other parent isn’t cooperating, and file for a modification if your circumstances have changed.
Most importantly, an experienced lawyer can help protect your role in your child’s life and ensure your voice is heard in the legal process.
Talk to Albin Oldner Law Group about your custody rights
You have a legal right to be involved in your child’s life, and Albin Oldner Law Group is here to help make sure that happens. We’re committed to helping parents understand conservatorship in Texas and advocate for what’s best for their family.
Call Albin Oldner Law Group today at (214) 423-5100 to schedule a consultation with a trusted family law attorney in Frisco.
