Joint Custody - The Myth

Conservatorship

A. Sole Managing Conservatorship vs. Joint Managing Conservatorship

    [1] Sole Managing Conservatorship:

      Sole Managing Conservatorship
      Right to primary possession
      Right to receive child support
      Right to make decisions

      Possessory Conservator
      Right to visitation
      Duty to pay child support

    [2] Joint Managing Conservatorship

      JMC With Primary Possession
      Right to primary possession
      Right to receive child support
      Joint right to make decisions

      JMC W/out Primary Possession
      Duty to pay child support
      Right to visitation
      Joint right to make decisions

B. Standard of Change for Future Modification

    The standard for modifying conservatorships (ie attempting to change custody) in the future is virtually the same. This should not be a consideration in determining whether to be a "sole" or "joint" conservator unless the children may be moved to another state (where the laws may differ as regards these titles).

C. Differences in Visitation and Child Support for "Sole" vs. "Joint"

    There is no difference in the payment of child support or in the amount of visitation to be awarded between the different types of conservatorship. Joint Managing Conservatorship is presumed in the best interest of kids.

©2014 Higdon, Hardy & Zuflacht
12000 Huebner Road, Suite 200, San Antonio, Texas 78230-1210
210-349-9933