Joint managing conservators can make decisions on behalf of their children in various capacities. However, how parents can make decisions depends upon the specifics of their conservatorship orders. These orders vary depending upon several factors. Of course, being able to make decisions about your child’s best interests is what matters the most. As a parent, you are tasked with putting aside your interests and supporting the best interests of your child. With that in mind, here are the different ways for you and your family to divide up conservatorship rights.
A parent who has the exclusive right to decide has supreme authority in that area. This is not an exaggeration. A parent need not consult with their parents in areas of exclusive decision-making authority. What you decide matters in this area. Your co-parent surely has an opinion. However, that does not mean that you must consult with him or her. Rather, your opinions on the subject are what counts. You may choose to consult with him or her or you can move forward without weighing their opinion.
An independent right to decide means that either you or your co-parent has the authority to plan regarding a certain subject. When we consider that parents have a decision-making ability like this that is something significant. Both you and your co-parent are entrusted with the ability to make decisions in these important areas. Independent decision-making authority comes often in emergencies where consultation is not practical.
Joint authority to make decisions
Decision-making authority on a joint level is most common. For joint managing conservators it should come as no surprise that you share most of your decision-making authority. Your co-parent can consult with you on important issues. Ideally, the two of you will agree on the subject. However, there are likely some subjects where the two of you will disagree to an extent.
When this happens, a person outside the family can intercede to help break the tie. You and your co-parent should think long and hard about a person like this. In various areas of your child’s life being able to fall back on the advice and perspective of a third party matters a lot. A doctor can be consulted in an area of medical need. Likewise, when it comes to education a teacher or counselor would be a likely party to act as a tiebreaker.
Keep in mind that consulting with an experienced family law attorney makes making decisions like this much simpler. There are so many factors for families like yours to think about. The more perspectives you have on this subject the better off your child is. Focusing only on one or two options typically does not yield the best result. Rather, taking the time to go through the different options in your life is best for all parties. The attorneys with the Law Office of Bryan Fagan are prepared to assist you with whatever circumstance you are facing with conservatorship.
Providing information in a co-parenting scenario
Being able to effectively co-parent means having an open line of communication with one another. It is impossible to imagine a scenario where your co-parent can effectively raise your child without you sharing information with him or her. This is especially important if you are your child’s primary conservator. The primary conservator may receive information from your child’s school or doctor that the other parent does not receive. As such, that puts great emphasis on a parent’s ability to share information and be transparent.
A situation that comes up with some frequency relates to parent-teacher conferences. When a parent-teacher conference is scheduled related to your child the primary conservator may receive notice first. If the school does not have contact for the non-custodial parent, it is up to the primary conservator to share that information. When the primary conservator is unwilling to do so then the child suffers. The non-custodial parent cannot share their opinion or perspective on whatever circumstance is ongoing.
Next, doctor or dentist appointments are another common situation where the sharing of information is important. These may be routine appointments but if your child must go to the doctor or a dentist then this information needs to be provided to one another. For whatever reason, doctors or dentists are not always the best at contacting both parents in a situation like this. Therefore, checking with your co-parent to make sure he or she is aware of an appointment can further that relationship tremendously.
Spending time with your child even when it is not your period of possession
One of the issues parents run into with some frequency in a joint managing conservatorship is a question regarding whether he or she can spend time with their child even when it is not their period of possession. Are you able to attend school events or games during your co-parent’s weekend of possession? The answer to this is yes. Making the best of these circumstances is what co-parenting is all about. However, be sure to check your court orders to verify that you can attend particular events or go places like this.
Final thoughts on joint managing conservatorships
Becoming familiar with joint managing conservatorships is a necessity for Texas parents. You will likely be named as your child’s joint managing conservator. Many parents attempt to do their best to share parenting responsibilities. However, you may be presented with a situation where your co-parent is not as willing to cooperate with your family. How you approach this situation will determine the future of your family.
It is easy to go your way and attempt to work out problems on your own. There is a tendency to ignore your co-parent in many situations. While doing this is easier than working with your co-parent it is not more beneficial. Rather, the more difficult Is almost certainly the better option. Working alongside your co-parent is a necessity and a joint managing conservatorship. Showing respect to your co-parent and working with him or her is mostly about your child more than it is about either of you.
The Law Office of Bryan Fagan is here to assist you with whatever circumstance you are encountering in the world of joint managing conservatorship. We assist clients in a range of situations which include the negotiation of conservatorship orders. The better you negotiate with your co-parent the more benefit is provided to your child. Keeping your focus on the well-being of your child above all else Is an especially good goal. Maximizing the well-being of your child means focusing on their best interests first and foremost.
Have you tried mediation?
As opposed to going to court, mediation is a welcome respite from the hustle and bustle of a Texas family law case. Parents in a family law case find that solutions are reachable when the parties communicate with one another. However, the nature of a family law case does not always lend itself to open and honest communication. A family law case is adversarial. You are filing a lawsuit against your co-parent. Although not every family law case ends up as a contentious legal affair that certainly can happen in your situation.
Mediation is an alternative method designed to spur conversation between parties. Ultimately, the relationship between you and your co-parent needs to be maintained. Maintaining this relationship means coordinating your efforts on the parenting front and laying the groundwork for future collaboration. Mediation takes advantage of your desire to reach a consensus on these difficult subjects.
An experienced family law mediator works with parents like you to settle conservatorship cases. This is a time set aside by you and your co-parent to focus solely on the well-being of your child. The timing of mediation matters. Typically, mediation is set up immediately before a hearing or trial. Thus, with a deadline in mind, parents are motivated to arrive at a settlement.
Family courts and their impact on the conservatorship case
When considering the best interests of a child, a Texas family court evaluates the case on several levels. It is not easy to determine what is in the best interest of a child at this moment. As a result, several circumstances and issues are considered by courts. Additionally, the future well-being of your child is also assessed. Family ties, the location of each parent, and parenting abilities overall are judged.
You and your co-parent have the initial opportunity to determine the outcome of your case through negotiation. However, if you are unable to negotiate a settlement a family court will determine its outcome. This is all the more reason to take seriously negotiations. Being prepared to discuss difficult subject matter with your co-parent means having an open attitude and patience.
What is a parenting plan?
Joint managing conservators work hand in hand with each other. This is not a situation where you can go off on your own and determine a separate course when it comes to parenting. Rather, joint managing conservators must work closely together on raising children. Part of this arrangement means having a plan when it comes to sharing custody. When it comes to your court orders, a parenting plan breaks down your rights in a practical sense.
The daily habits of your child and your relationship with those habits are detailed in a parenting plan. Where your children sleep each night, when each parent may have possession, and other day-to-day details are covered. This is helpful for parents who sometimes need assistance with details. Understanding these components of a case helps especially as disagreements on details arise.
One of the most enjoyable times of the year are holidays. So many memories are made during this time. However, the holidays also tend to be emotionally contentious as families work through disagreements regarding shared parenting time. However, a parenting plan covers this sort of subject matter it helps to alleviate much of the stress surrounding holiday planning. When you and your co-parent have thought through possession and visitation around the holidays in advance you are more likely to enjoy your time together.
Finally, parenting plans typically include provisions for handling disagreements on a wide number of topics. Including provisions that require mediation before filing a lawsuit is common. This is done to avoid the possibility of a lawsuit being filed immediately after a prior family law case. Acting responsibly, following the parenting plan, and showing respect to your co-parent are hallmarks of a successful co-parenting team.
Negotiating a parenting plan with the assistance of a family law attorney
There are several circumstances at play when negotiating a parenting plan. Understanding how a parenting plan interacts with your life now does not necessarily mean understanding the issues in their relationship to your future. An experienced family law attorney has the benefit of seeing how families function under a parenting plan beyond the four walls of your household.
The attorneys with the Law Office of Bryan Fagan are fortunate to be able to serve families from across Texas in a variety of circumstances. That kind of experience is exactly what you need while negotiating a conservatorship case. Do not walk blindly into a complicated and emotional conservatorship case. Rather, allowed the Law Office of Bryan Fagan to provide you with insights and advice.
Moreover, there are procedural and logistical matters associated with the Texas court system that need attention, as well. When filing and conservatorship case it is important to follow the necessary steps of a Texas court. Additionally, responding to and participating in a conservatorship lawsuit means meeting deadlines required by the courts. If balancing all of this responsibility seems difficult, that is because it is. Having an attorney to guide and advise is a tremendous benefit for you and your family.
Putting the best interests of your child first
At this moment, the idea of co-parenting may not be appealing to you. It is not typically the case that parents who are getting along become involved in a conservatorship case. However, the entire premise of a joint managing conservatorship case is based on working together in a cohesive unit. All the skills that make up successful marriages are still necessary in a conservatorship arrangement. Even if you and your co-parent no longer have a formal relationship you still need these skills.
Developing a strategy with your co-parent to address issues related to your child is essential. Many times, parents seek to start over and wipe this slate clean after a conservatorship case. This is advisable in most situations. Working with your co-parent to determine the best way to problem-solve issues is a benefit for your child. His or her life is enhanced a great deal when communication and mutual respect are shown between parents.
Child support and joint managing conservatorships
On a practical level, the payment of child support in a joint managing conservatorship is critically important. Both the parent who pays child support and receives child support need to be attuned to these issues. Dividing the daily costs of child-rearing means paying attention to the details of a case. Having a mind geared towards focusing on the well-being of your child also helps.
Paying child support on time and in full each month is challenging. Every one of us has financial issues from time to time that are beyond our control. This is where having a good relationship with your co-parent makes a huge difference. Being able to communicate about these issues in a way that is respectful and patient is not easy. However, when trying to handle issues related to conservatorship, displaying civility always is the ultimate sign of respect.
Additionally, working with an experienced family law attorney to set up child support orders avoids headaches later in a case. Many of the difficulties encountered by parents and conservatorship cases stem from issues with the payment of child support. However, understanding the ways to avoid child support issues means having an experienced guide by your side. The Law Office of Bryan Fagan serves Texas families in conservatorship cases. We would be honored to do the same for you.
Final thoughts on conservatorship cases in Texas
There is no need to step into a conservatorship case without guidance. Please allow this blog post to serve as a helpful reminder of the most important issues in your case. However, receiving advice and perspective tailor-made to your case also matters a great deal. For that, consider reaching out to the Law Office of Bryan Fagan today. A free-of-charge consultation with one of our family law attorneys is just what you need. We listen to your circumstances and provide information that is understandable and straightforward.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. Interested in learning more about how your family is impacted by the material in this blog post? Contact us today.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
