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The Issue of Sole Managing Conservatorship in Divorce

Though Texas courts would rather render an order wherein both parents (who are divorcing each other) are appointed as custodians or conservators of their child to make sure that a child will continue to experience the love, care and attention from both parents, these will refrain from doing so if these find out or determine that one parent is actually unfit to care for his/her child or if in the child’s best interest, sole conservatorship or sole custody would be the right decision.

Being an “unfit” parent can be due to a variety of different reasons, including: poor health condition which will render such parent unable to provide the amount of care and attention that the child needs; abusive behavior, wherein he/she is prone to physically and/or verbally abusing the child; dependence on alcohol and/or illegal drugs; committing or lacking action that would result to the child getting exposed to pornographic elements and/or illegal activities; abandonment of the child; and, using excessive or unnecessary means in disciplining the child.

In sole custody or sole managing conservatorship, all the rights, privileges, and duties associated with caring for the child are awarded to just one parent. To other parent or the non-custodial parent, visitation rights may be awarded to him/her continuous communication with his/her child.

According to Kirker & Davis, under Texas law, the parent who is appointed as conservator has, at all times, the right:

– To receive information relating to the child’s health, education, and welfare;
– To confer (or not to confer) with the non-custodial parent before making a decision concerning the child’s health, education, and welfare;
– To consult with the child’s physician, dentist, psychologist and school officials where the educational status and welfare of the child are concerned;
– To be designated as a person to be contacted in case of an emergency;
– To manage the estate of the child.

No parent, obviously, would want lose the chance of being appointed custodian; however, for the sake and well-being of the child, it would indeed be very beneficial if he/she could find ways to come to a amicable agreement with his/her former spouse about the issue of conservatorship. While there are divorce lawyers who will help fight for your custody interests, there are also those who would rather help you and your former spouse find ways that will continue making everything better for your child. Make sure that you choose the right one.