RIGHTS & DUTIES OF JOINT MANAGING CONSERVATORS
Under a joint custody arrangement, each parent is referred to as a joint managing conservator. The Texas
Family Code ("TFC") sets out what rights and duties the parents will have
a. At all times, and
b. During the period of time that the parent has possession of the child.
The Code also provides that the Court shall specify which rights and duties will be exercised
a. By each parent independently;
b. By the joint agreement of the parents;
c. Exclusively by one parent.
An independent right is one that both parents have. Each can exercise the right independently of the other at
any time.
A joint right can be exercised only with the consent of the other parent. It means that either parent can veto the
other parent's decision to exercise the right by saying no.
An exclusive right can belong to only one parent.
TFC Section 153.073 states that 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.
TFC Section 153.074 further states that unless limited by court order, each parent will have 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.
Tthe Court shall specify whether the following rights & duties will be exercised (i) by each parent independently,
(ii) by the joint agreement of the parents; or (iii) exclusively by one parent. TFC Sec. 153.132
1. the right to designate the primary residence of the child;
2. the right to consent to medical, dental, and surgical treatment involving invasive procedures;
3. the right to consent to psychiatric and psychological treatment;
4. the right to receive and give receipt for periodic payments for the support of the child and to hold or
disburse these funds for the benefit of the child;
5. the right to represent the child in legal action and to make other decisions of substantial legal significance
concerning the child;
6. the right to consent to marriage and to enlistment in the armed forces of the United States;
7. the right to make decisions concerning the child's education;
8. the right to the services and earnings of the child; and
9. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for
the child, the right to act as an agent of the child in relation to the child's estate if the child's action is
required by a state, the United States, or a foreign government.
Prepared by:
Pamela A. Calhoun, Attorney at Law
Lyric Centre
440 Louisiana, Suite 900
Houston, Texas 77002
713-236-7793
For further information on this topic, please feel free to contact me at pcalhoun@pdq.net