Frequently Asked Questions About Custody and Visitation
Q. What is custody?
A. In Texas, when we discuss custody, we use the term conservatorship. Conservatorship describes the rights between a child and another party, generally the childs parent.
Q. What is the difference between joint managing conservatorship, sole managing conservatorship and possessory conservatorship?
A. Joint managing conservatorship describes the sharing of rights and duties between two parties, generally the parents. The rights that are shared are the rights to:
- designate the primary residence of the child within a specific geographical area, or without regard to a specific geographical area;
- consent to medical, dental, and surgical treatment involving invasive procedures;
- consent to psychiatric and psychological treatment of the child;
- receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;
- represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
- consent to marriage and to enlistment in the armed forces of the United States;
- make decisions concerning the childs education;
- the services and earnings of the child;
- act as an agent of the child in relation to the childs estate if the childs action is required by a state, the United States, or a foreign government, except when a guardian of the childs estate or a guardian or attorney ad litem has been appointed for the child; and
- the duty to manage the estate of the child to the extent the estate has been created by the parents.
Sole managing conservatorship is a phrase which describes the allocation of the rights and duty above to one party. The other party is generally described as having a possessory conservatorship, as that party would have none of the rights above, only visitation rights.
Q. If my childs father and I are joint conservators, does that mean we each have possession of our child 6 months out of the year?
A. No. Remember, joint conservatorship describes the sharing of parental rights and duties. It does not describe the possession or visitation that parents have with the child.
Q. What is a standard possession order?
A. A standard possession order is a visitation schedule which comes from Subchapter F of the Texas Family Code. Click here to view a copy of a standard possession order.
