The following post will continue the previous discussion of child custody or “conservatorship” as it is legally known in the state of Texas. It will also briefly explore how other people may seek to obtain custody of children.
(Please see “A Brief Examination of Parental Rights under Texas Law” for more information.)
Possessory Conservatorship (PC)
In general, a parent who is not appointed primary joint managing conservator (PJMC) is instead appointed possessory conservator (PC).
A PC (sometimes referred to as a “non-custodial” parent) will typically be granted visitation rights with their child at designated times. In addition, a PC shares most (if not all) of the same parental responsibilities and rights as a PJMC.
In fact, a PC is generally extended the following additional rights:
- The right to consult with the other parent before important decisions are made regarding the child’s health, safety or general welfare
- The right to receive important information from the other parent regarding the child’s health, education or general welfare
- The right to take part in school activities, and talk with both teachers and other officials at the child’s school
- The right to consult with the child’s physicians, examine/request the child’s medical records and authorize treatment
Conservatorship as it relates to non-parental parties
Texas law allows parties other than the parents, including grandparents and foster parents, to seek custody of children under the following general circumstances.
- A grandparent will need to present the family court with strong evidence that the child is living in an environment that is detrimental to their health, safety or general welfare. However, a grandparent may also be granted custody if both parents or the sole managing conservator consents to it.
- A foster parent may seek to obtain custody of the child if the child has lived with them for at least one year. However, the foster parent must file for custody no later than 90 days after the completion of the one-year period.
A future post will examine visitation in the state of Texas.
The following post is for informational purposes only and is not to be construed as legal advice. Contact a legal professional to learn more about your family law issue.
