However, JMC does not necessarily result in equal time with the child. While that does happen in some cases, it is usually by agreement of the parties or based on a recommendation by a Guardian Ad Litem which is ultimately adopted by the court or agreed to between the parties.
Possessory conservators, on the other hand, has the right of possession and access to the child under a defined possession schedule and is authorized during periods of his/her possession to exercise certain rights of a parent.
A court must appoint a parent as either a managing or possessory conservator unless it finds that allowing possession and access would endanger the physical or emotional welfare of the child and that it is not in the child’s best interest to grant such possession or access. Thus, in cases of abuse or endangerment, a court may require supervised possession or severely restrict or eliminate a parent’s right to possession or access to a child.
The Exclusive Right to Designate the Primary Residence
The exclusive right to designate the primary residence of the child falls within the conservatorship circle. A large majority of contested cases involve one or both party’s focus on obtaining the exclusive right to designate the primary residence of the child. Unfortunately, parties often assume that by obtaining “primary” that he or she will receive more time with the child; however, that is not always the case. Possession is its own “circle of law”. One factor that the court considers when appointing a parent as the “primary” parent is which parent is going to be the best at encouraging the other parent’s relationship with the child. To learn about this parental right, contact us to schedule a consultation.
Texas Law provides for the ability to restrict the Exclusive Right to Designate the Primary Residence to within a certain geographic area, including a county within Texas, or even a particular school district.
Geographic restrictions are quite common in most orders; however, parties may agree to waive them, and they often are conditioned on the non-primary parent remaining within that area. The primary parent may also later petition the court to lift the restriction if circumstances change: for example, if the non-primary parent does not maintain a strong relationship with the child.