Texas has adopted presumptive Joint Managing Conservatorship. This means that a court is required to appoint both parents as joint managing conservators unless it finds that the appointment would significantly impair the child’s physical health or emotional development.
As joint managing conservators, both parents hold the authority to manage the schooling and educational decisions of the child. However, to know what joint managing conservatorship will mean to you, you must look to the court order itself where the powers and duties of each parent are defined.
The rights most often at issue are the rights to make educational and medical decisions. The court can award these powers to one parent or to both parents. If a power is awarded to both parents, the court will specify if these rights are to be exercised independently or jointly.
I recommend seeking further legal advice. Cordell & Cordell has attorneys licensed and located in Texas who can provide a more in-depth analysis of your current situation.
Erin E. Clark is an Associate Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Clark is licensed to practice in the states of Texas, Kansas and Missouri. Ms. Clark received her Bachelor of Science degree in Journalism, cum laude, from Texas Christian University. She later received her Juris Doctor from Texas Wesleyan University School of law, where she was an active member of the Law Review.