Round Rock, Texas Conservatorship Attorney
Practice Areas
Helping Parents and Families Resolve Conservatorship Matters in Williamson County and Throughout Central Texas
Texas conservatorship disputes often arise during divorce, paternity, custody, and modification cases. The Law Office of Katy M. Lovett is known for offering experienced, reliable representation for child custody, child support, and related family law issues.
Parents with conservatorship have the right to make important decisions about their child’s education, medical and dental care, and much more. The outcome of these cases can impact both the parents’ and the child’s lives for years to come. A knowledgeable Round Rock, TX, family law attorney will help you work towards an agreement that works in your child’s best interests.
With a thorough understanding of the Texas Family Code, Katy M. Lovett provides compassionate and personalized guidance to clients in Texas. She is dedicated to protecting parents and their relationships with their children. Call (512) 956-5356 or use the online contact form today to schedule your consultation and learn how she can help you!
What is Conservatorship in Texas?
In most states, courts award legal custody to parents to allow them to make decisions of substantial legal significance on their child’s behalf. Texas law refers to this as conservatorship. Managing conservators are usually parents, but this position can also be given to non-parents, the Department of Family and Protective Services (DFPS), or a licensed child-placing agency.
Parents’ rights under conservatorship include:
- The right to determine the primary residence of the child
- The right to consent to medical, dental, and surgical treatment for their child
- The right to make educational decisions, consult with school officials, and attend school activities
- The right to make decisions regarding the child’s moral and religious training
- The right to the child’s medical records, educational records, and other similar information
- The right to manage a child’s estate created either by the child’s parent or the parent’s family
Conservatorship is not the same as physical possession. While conservatorship outlines decision-making responsibilities, physical possession involves spending time with the child.
Is Conservatorship the Same as Guardianship in Texas?
Guardianship, like conservatorship, gives an individual the right to make decisions on behalf of another. The guardian manages the personal and financial affairs of their ward and takes care of them. However, there are important distinctions between this arrangement and conservatorship.
Wards under guardianships lose their legal rights. Usually, guardianships are granted over incapacitated adults. In some cases, courts may award guardianship of a minor to a nonparent caregiver.
When is a Conservatorship Necessary?
Courts must settle conservatorship terms during divorce proceedings, unmarried parent cases, custody disputes, and modification actions. If you find yourself involved in any of these cases, it is important to seek legal help as soon as possible. Katy M. Lovett provides her services as a custody dispute, custody modification, and divorce lawyer in Round Rock, TX.
Types of Conservatorship in Texas
Which type of conservatorship you receive will depend on several factors. A Texas child custody attorney can walk you through conservatorship options and help you prepare a case to secure your desired outcome.
Joint Conservatorship in Texas
Texas law values ensuring that both parents participate in the child’s life. For this reason, courts prefer to appoint parents joint managing conservators.
What is Joint Managing Conservatorship in Texas?
Parents named joint managing conservators share in decision-making responsibilities for their child, although not necessarily equally. For example, one parent usually has the right to decide their child’s residence.
Sole Conservatorship in Texas
In some situations, it is safer or otherwise more beneficial to name one party as the sole managing conservator. Depending on the details of the case, the other parent may still maintain possession and access rights.
How to Get Sole Managing Conservatorship in Texas
A parent appointed sole managing conservator has exclusive rights regarding important decisions in their child’s life. Courts consider this option most often when joint conservatorship would pose an immediate danger to either parent or the child. Common reasons to award sole conservatorship include past or present child neglect, physical or sexual abuse, or parental absence.
Possessory Conservatorship in Texas
When a Texas court grants one parent sole conservatorship, it may still name the other parent a possessory conservator. Although they do not have the right to make decisions regarding certain matters, they still have other rights.
Texas Possessory Conservator Rights and Duties
A possessory conservator may retain a wide range of parental rights and duties, including but not limited to:
- The right to receive information from the other conservator about their child’s health, educational status, and welfare
- The right to access the child’s records, such as medical, dental, psychological, and educational records
- The duty of care, control, protection, and reasonable discipline of the child
- The duty to support the child
Courts have the discretion to either limit or appoint additional rights and duties as well.
Permanent Managing Conservatorship in Texas
Permanent managing conservatorship allows judges to award custody of a child to someone other than a parent without the need for adoption. Potential conservators include relatives, close family friends, or even DFPS.
When Texas Permanent Managing Conservatorship May Be Granted
Emergencies involving family violence, substance abuse, or abandonment are among the most common reasons that judges grant non-parents conservatorship. Courts are also likely to issue conservatorship to another party if the parents are unfit to care for their child. When someone other than one of the parents is the child’s primary caregiver, they can seek conservatorship to be able to make decisions on the child’s behalf. This is often easier than the adoption process, which requires the termination of parental rights.
How to Get Conservatorship in Texas
Under Texas Family Code § 153.002, the court’s primary consideration in determining conservatorship must always be the best interest of the child. Determining the best choice can involve a wide range of factors, such as:
- Whether one parent handled more parenting responsibilities in the past
- Each parent’s child-rearing abilities and home stability
- The quality of the parent-child relationship
- The child’s emotional and physical needs
- Any factors that endanger the child’s welfare, such as child abuse, neglect, or substance abuse
- When the child is old enough, their preference
Having experienced legal representation is absolutely necessary to build a strong conservatorship case. Round Rock family law attorney Lovett carefully considers the details of your circumstances, then builds a personalized strategy for conservatorship hearings.
How to File for Conservatorship in Texas
Most commonly, parents file for conservatorship during the divorce process. You can also seek conservatorship as part of a paternity case, suit affecting the parent-child relationship case (SAPCR case), or family violence protective order case.
This process involves filing petitions, such as a petition for divorce or SAPCR, and then submitting detailed paperwork that details your circumstances. If you’re the filer, you’ll need to make sure the other party is informed of your petition. Court processes differ between different types of cases. The court may require mediation, or you may proceed to a court hearing. In some cases, temporary custody orders can be issued as a means of providing the child stability until the court reaches a final decision. Emergency custody requests are available when the child is in danger.
Hiring a professional conservatorship attorney in Round Rock is the best way to ensure your case goes as smoothly as possible. Katy Lovett helps clients file the right petition, gather relevant documentation, and prepare for hearings.
How Much Does Conservatorship Cost?
Costs of filing for conservatorship can vary greatly. Generally, contested cases last longer and are therefore more expensive. Court filing fees, expert witness evaluations, and mediation requirements can all affect the cost of your case.
If you have questions about the expenses attached to seeking conservatorship, call The Law Office of Katy M. Lovett. She provides the answers you need during your initial consultation.
Modifying Existing Conservatorship Orders
Sometimes, significant changes in the parents’ or child’s life necessitate conservatorship modifications. Courts typically only allow modification in specific situations. Financial issues, changes in the child’s needs, or relocation may qualify as grounds to change court-ordered custody. Parents can also seek legal action when the other party fails to meet their parental duties. Enforcement of child custody can result in modifications and legal penalties.
How Round Rock Family Law Attorney Katy M. Lovett Helps Parents With Conservatorship Cases
Katy M. Lovett provides experienced and personalized services for parents in Texas. Her knowledge of family law allows her to explain your legal options and thoroughly prepare you for how Texas courts handle these cases.
Negotiating Parenting Agreements
Parenting plans determine how parents divide their childcare responsibilities and parenting time. For some parents, coming to an agreement on the terms of the plan is difficult. As a parenting plan lawyer in Round Rock, TX, Katy Lovett helps clients develop parenting plans that suit their unique situations.
Litigating Complex Custody and Conservatorship Disputes
Conservatorship inherently involves complex matters that require careful decision-making. These cases become more complicated when disputes arise between parents. Attorney Lovett brings the litigation experience necessary to help you settle disputes as quickly and smoothly as possible.
Modifying Existing Conservatorship Orders
Whether you’re petitioning to modify a conservatorship order or want to dispute a modification request, it is best to seek legal help. Round Rock custody modification attorney Lovett determines whether there are grounds for modifications, then carefully puts together a strategy on your behalf.
Contact a Williamson County, TX Conservatorship Lawyer Today
Early legal guidance can help you resolve conservatorship disputes quickly. Don’t wait for things to become more complicated. Contact a Round Rock conservatorship attorney today!
Katy M. Lovett is committed to protecting the parental rights of her clients. She carefully considers your child’s well-being at every step of the legal process. Residents throughout Round Rock, Georgetown, Cedar Park, Hutto, Taylor, Leander, and the surrounding Williamson County communities can depend on Attorney Lovett.
Begin preparing for your conservatorship case today. Call Katy M. Lovett at (512) 956-5356 or online to schedule a consultation.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.