Legal Question in Family Law in Texas

Joint Managing Conservatorship is a designation from the Texas Family Code that identifies the rights and duties a person has toward a child.

The specific rights and duties are set out in Chapter 153 of the Texas Family Code.

Rights and duties are either joint, independent or exclusive.

� 153.073. RIGHTS OF PARENT AT ALL TIMES. (a) Unless

limited by court order, a parent appointed as a conservator of a

child has at all times the right:

(1) to receive information from any other conservator

of the child concerning the health, education, and welfare of the

child;

(2) to confer with the other parent to the extent

possible before making a decision concerning the health, education,

and welfare of the child;

(3) of access to medical, dental, psychological, and

educational records of the child;

(4) to consult with a physician, dentist, or

psychologist of the child;

(5) to consult with school officials concerning the

child's welfare and educational status, including school

activities;

(6) to attend school activities;

(7) to be designated on the child's records as a person

to be notified in case of an emergency;

(8) to consent to medical, dental, and surgical

treatment during an emergency involving an immediate danger to the

health and safety of the child; and

(9) to manage the estate of the child to the extent the

estate has been created by the parent or the parent's family.

(b) The court shall specify in the order the rights that a

parent retains at all times.

Added by Acts 1995, 74th Leg., ch. 20, � 1, eff. April 20, 1995.

Amended by Acts 1995, 74th Leg., ch. 751, � 29, eff. Sept. 1,

1995; Acts 2003, 78th Leg., ch. 1036, � 6, eff. Sept. 1, 2003.

� 153.074. RIGHTS AND DUTIES DURING PERIOD OF

POSSESSION. Unless limited by court order, a parent appointed as a

conservator of a child has the following rights and duties during

the period that the parent has possession of the child:

(1) the duty of care, control, protection, and

reasonable discipline of the child;

(2) the duty to support the child, including providing

the child with clothing, food, shelter, and medical and dental care

not involving an invasive procedure;

(3) the right to consent for the child to medical and

dental care not involving an invasive procedure; and

(4) the right to direct the moral and religious training of

the child.

Added by Acts 1995, 74th Leg., ch. 20, � 1, eff. April 20, 1995.

Amended by Acts 1995, 74th Leg., ch. 751, � 30, eff. Sept. 1,

1995; Acts 2003, 78th Leg., ch. 1036, � 7, eff. Sept. 1, 2003.

� 153.075. DUTIES OF PARENT NOT APPOINTED

CONSERVATOR. The court may order a parent not appointed as a

managing or a possessory conservator to perform other parental

duties, including paying child support.

Added by Acts 1995, 74th Leg., ch. 20, � 1, eff. April 20, 1995.

� 153.076. DUTY TO PROVIDE INFORMATION. (a) The court

shall order that each conservator of a child has a duty to inform

the other conservator of the child in a timely manner of significant

information concerning the health, education, and welfare of the

child.

(b) The court shall order that each conservator of a child

has the duty to inform the other conservator of the child if the

conservator resides with for at least 30 days, marries, or intends

to marry a person who the conservator knows:

(1) is registered as a sex offender under Chapter 62,

Code of Criminal Procedure; or

(2) is currently charged with an offense for which on

conviction the person would be required to register under that

chapter.

(c) The notice required to be made under Subsection (b) must

be made as soon as practicable but not later than the 40th day after

the date the conservator of the child begins to reside with the

person or the 10th day after the date the marriage occurs, as

appropriate. The notice must include a description of the offense

that is the basis of the person's requirement to register as a sex

offender or of the offense with which the person is charged.

(d) A conservator commits an offense if the conservator

fails to provide notice in the manner required by Subsections (b)

and (c). An offense under this subsection is a Class C misdemeanor.

Added by Acts 1995, 74th Leg., ch. 751, � 31, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 330, � 1, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 1036, � 8, eff. Sept. 1, 2003.

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(b) In rendering an order appointing joint managing

conservators, the court shall:

(1) designate the conservator who has the exclusive

right to determine the primary residence of the child and:

(A) establish, until modified by further order, a

geographic area within which the conservator shall maintain the

child's primary residence; or

(B) specify that the conservator may determine

the child's primary residence without regard to geographic

location;

(2) specify the rights and duties of each parent

regarding the child's physical care, support, and education;

(3) include provisions to minimize disruption of the

child's education, daily routine, and association with friends;

(4) allocate between the parents, independently,

jointly, or exclusively, all of the remaining rights and duties of a

parent as provided by Chapter 151; and

(5) if feasible, recommend that the parties use an

alternative dispute resolution method before requesting

enforcement or modification of the terms and conditions of the

joint conservatorship through litigation, except in an emergency.

Added by Acts 1995, 74th Leg., ch. 20, � 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 936, � 2, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 1036, � 11, eff. Sept. 1, 2003;

Acts 2005, 79th Leg., ch. 482, � 5, eff. Sept. 1, 2005; Acts

2005, 79th Leg., ch. 916, � 11, eff. June 18, 2005.