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In a suit affecting the parent-child relationship, the court may appoint joint managing conservators or may appoint a sole managing conservator. If the parents are or will be separated, the court shall appoint at least one managing conservator. A managing conservator must be a parent, a competent adult, an authorized agency, or a licensed child-placing agency.
Subject to the prohibition in Code section 153.004 concerning a history of family violence, a parent shall be appointed sole managing conservator or both parents shall be appointed joint managing conservators unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development. The presumption that a parent should be appointed managing conservator may be rebutted if the court finds that the parent has voluntarily relinquished actual care, control, and possession of the child to a non-parent or agency for a period of one year or more, a portion of which was within ninety days preceding the date of intervention or filing of the suit, and the appointment of the non-parent or agency as managing conservator is in the child’s best interest.
In determining which party to appoint as sole managing conservator, whether to appoint a party as joint managing conservator, and the terms and conditions of conservatorship and possession of and access to the child, the court is to consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child. In determining whether to appoint a party as a sole or joint managing conservator, the court must consider evidence of the intentional use of abusive physical force committed within the two years preceding the filing of the suit or during the pendency of the suit by a party against his or her spouse, a parent of the child, or any person younger than eighteen years of age.
During the period that the parent conservator has possession of the child, the parent has certain rights and duties, unless limited by court order, that are set out in Code section 153.074.
A parent appointed sole managing conservator exclusively has the following rights, unless limited by court order:
The right to establish the child’s primary residence;
The right to consent to medical, dental, and surgical treatment involving invasive procedures and to consent to psychiatric and psychological treatment;
The right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the child’s benefit;
The right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
The right to consent to marriage and to enlistment in the armed forces of the United States;
The right to make decisions concerning the child’s education;
The right to the child’s services and earnings;
Except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government.
For More Information Please follow the links below:
Conservatorship, Possessory Conservatorship
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