(833) 553-4251
(833) 553-4251
Seeking child conservatorship, possession, and access rights is a stressful and often confusing process for parents going through it for the first time. If you are trying to obtain sole managing conservatorship in Austin, you need to know what your legal rights are and what factors the court will consider when deciding your case. This type of conservatorship is not widely available, but the court may award you sole rights in some limited circumstances.
An experienced conservatorship lawyer from Kimbrough Law, PLLC, could offer you valuable guidance. Our dedicated legal team helps families in situations such as yours.
In Texas, sole conservatorship involves one parent receiving full decision-making rights about a child’s upbringing. Texas Family Code § 153.005 recognizes the two main types of conservatorship as sole managing conservatorship and joint managing conservatorship. A sole managing conservatorship is the same thing as full child custody in other states. However, the courts prefer joint conservatorship in most cases so that both parents have input in raising their child.
When a parent is granted sole managing conservator rights, that parent has the exclusive rights to make decisions about the child’s life, including:
The other parent is typically referred to as a possessory parent and has possession and access rights under a Standard Possession Order to maintain a schedule for spending time with the child or having communication rights with them. The Austin courts do not frequently award sole conservatorship because they believe it is generally considered in the children’s best interests for both parents to make decisions about them.
In a joint managing conservatorship, which judges prefer, both parents share decision-making authority for a child’s care. This is true even if the child resides primarily with one parent. State law holds there is a rebuttable presumption in favor of joint conservatorship, which means that a parent seeking full rights must prove how it would serve their child’s best interests.
In Austin, if you ask for a sole managing conservatorship, you must prove certain things about the other parent to win your case. This includes:
Our attorneys could help you seek sole conservatorship by gathering evidence of any issues that would support the court’s decision. We could also file motions on your behalf, make court appearances, and present arguments about why you deserve full control under the circumstances.
The child conservatorship process is complex, emotional, and stressful for divorcing parents. If you are seeking sole managing conservatorship in Austin, you need to know what factors the judge will consider and how to make a strong case. Our skilled and compassionate team at Kimbrough Legal, PLLC, could help you. Call us today to discuss your situation.
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