Saturday, August 31, 2013

Who Makes Decisions About The Children?

Before 1993, the law in Texas gave virtually all decision making to one parent, usually the mother.  After 1993 however, the legislature rewrote the code so that parental rights and responsibilities are presumed to be given somewhat equally to both mother and father.  This is known as “joint managing conservatorship”.  However, if evidence is brought out in court to show that one parent is not fit to make these decisions, the court may grant virtually all decision making power to one parent in what is called “sole managing conservatorship.”  If no such evidence is brought the court will generally appoint both parents as conservators and will specify what kinds of decisions can be made by either parent, what kind require agreement by both parents and what kind can be made exclusively by one parent only.