In many states, the title of conservator only applies to someone assuming legal authority over a disabled adult. Texas uses the term differently than other states. You may hear the term conservator come up when you sit down to talk with an attorney about your pending divorce and your desire to secure sole or shared custody of your children.
Custody is often the most contentious and emotional issue in a Texas divorce. Understanding how Texas uses this term and how it handles custody proceedings can help you move in your struggle to protect your relationship with your children.
What is a conservator under Texas law?
If you sit down and actually read the Texas family code regarding parental rights and responsibilities, you will quickly realize that instead of referring to custodial parents, state lawmakers refer to conservators throughout the code.
Depending on the circumstances of your family and what the judge deems is in the best interests of your children, the court will either name one parent as sole managing conservator or name both parents as joint managing conservators.
A conservator has an obligation to act in the best interests of the child under their authority as well as to provide for that child’s needs. Joint managing conservators also have an obligation to communicate with one another and share critical information about the children under their authority.
Joint managing conservatorship is a common outcome in Texas divorces, as the courts want to uphold the children’s interests by protecting their parental relationships. Knowing that can help you avoid unnecessary fighting when moving forward with your divorce.