What is the difference between conservatorship and possession?
Conservatorship refers to the legal rights and responsibilities of a parent regarding their child. There are three types of conservators: sole managing conservators, joint managing conservators, and possessory conservators. In Texas, the court’s primary consideration in determining conservatorship is what is in the best interest of the child.
Types of conservatorships:
Sole managing conservatorship refers to the appointment of one parent as the primary custodian of a child, granting them exclusive rights and duties concerning the child’s welfare. A parent appointed as sole managing conservator has the exclusive rights to designate the child’s primary residence, consent to medical, dental, and surgical treatments, consent to psychiatric and psychological treatments, receive and disburse child support payments, represent the child in legal actions, consent to the child’s marriage and enlistment in the armed forces, make educational decisions, and apply for and maintain the child’s passport, among other rights. The parent that is not the sole managing conservator will not have any decision making authority regarding the rights concerning the child that are exclusive to the sole managing conservator.
In Texas, there is a presumption that appointing both parents as joint managing conservators is in the best interest of the child. This presumption of joint managing conservatorship can be rebutted with evidence that such conservatorship would not be in the best interest of the child. Joint managing conservatorship refers to the arrangement where both parents share the rights and duties of a parent, even if the exclusive right to make certain decisions is awarded to one parent. Joint managing conservators rights and duties will be specified to each parent regarding the child’s physical care, support, and education. Although the parties are joint managing conservators, the court must still designate one parent with the exclusive right to determine the child’s primary residence and must also designate one parent with the exclusive right to receive and disburse child support. Aside from those specific rights and duties, the remaining rights and duties can be deemed either exclusive, joint by agreement, or independent depending on the desires of the parties, the advice of their attorneys, and the court’s discretion.
A parent appointed as a possessory conservator has specific duties and rights during the period they have possession of the child. These duties include the duty of care, control, protection, and reasonable discipline of the child, as well as the duty to support the child by providing clothing, food, shelter, and medical and dental care not involving an invasive procedure. Additionally, the possessory conservator has the right to consent to medical and dental care not involving an invasive procedure and the right to direct the moral and religious training of the child. The court may specify additional rights and duties in the order appointing the possessory conservator, but these rights and duties are subject to any limitations imposed by the court.
What is the purpose of a possession schedule?
Possession schedules, also known as visitation schedules, outline the specific times and conditions conservators can spend time with the child. These schedules are designed to ensure the child maintains a relationship with both parents. The Texas Family Code provides guidelines for standard possession orders, which courts use to determine the minimum amount of time conservators should have with the child. These guidelines can be adjusted based on the best interest of the child and other relevant factors.
Types of possession schedules:
There are several types of possession schedules that can be ordered by the court. The primary schedule is the Standard Possession Order (SPO), which is presumed to be in the best interest of the child and provides a baseline for possession times. The SPO is designed for children three years of age or older and includes specific times for weekends, holidays, and summer vacations. For parents who live 100 miles or less apart, the SPO typically grants possession on the first, third, and fifth weekends of each month, Thursday evenings during the school term, and extended periods during summer vacation. If the parents live more than 100 miles apart, the conservator may have visitation one weekend per month along with extended summer possession and specified holidays.
Possession schedules can differ for children under three years old, as the court must create a possession schedule that considers various factors such as the child’s needs, the caregiving provided, and the willingness of the parents to care for the child. This schedule may gradually transition to the standard possession order as the child grows older.
If conservators agree to 50/50 possession schedules or a 50/50 possession schedule is ordered by the court, common schedules for parents going through a divorce include several variations that aim to provide equal time with each parent while considering the best interests of the child. One such schedule is the “2-2-5” schedule, where the child spends two days with one parent, two days with the other parent, and then five days with each parent alternately. This schedule ensures that the child does not have to frequently change their primary residence, maintaining stability. Another common schedule is the week-on/week-off arrangement, where the child alternates spending one week with one parent and the next week with the other parent. This schedule is often used for older children and when parents live relatively close to each other and can facilitate the child’s schooling and extracurricular activities. Additionally, some parents may follow a “2-2-3” schedule where the child spends Monday and Tuesday with one parent, Wednesday and Thursday with the other parent, and alternates weekends between the parents.
Any of these possession schedules can be utilized in a divorce case depending on the percentage of possession time each conservator agrees to or is ordered to have with the child. However, these possession schedules are not required to be used and conservators can agree to other possession schedules depending on their circumstances and decisions. The parties can modify possession schedules to accommodate special circumstances, such as the work schedules of the parents or the child’s school schedule, to ensure the possession times are workable and in the best interest of the child. The court may also allow for alternative beginning and ending times for possession periods if elected by a conservator, provided it is in the child’s best interest.
Conservatorship is not the same as possession:
In summary, conservatorship deals with the allocation of parental rights and duties, while possession schedules specify the actual time each parent spends with the child. Both are crucial in ensuring the child’s welfare and maintaining parental relationships post-divorce.
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Find a trusted attorney that can help you advocate for your parent-child relationship during your divorce. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
