In Texas, the dissolution of marriage necessitates a clear delineation of parental rights and duties to ensure the well-being of the child. The state employs the term “conservatorship” to describe the legal relationship between a parent and child, encompassing both rights and responsibilities. Conservatorship is categorized into two primary types:

1. Joint Managing Conservatorship (JMC): This arrangement presumes that both parents share decision-making responsibilities regarding the child’s welfare, including education, healthcare, and moral upbringing. However, the court may designate one parent with the exclusive right to determine the child’s primary residence. 
2. Sole Managing Conservatorship (SMC): In this scenario, one parent is granted the exclusive right to make significant decisions concerning the child’s life. The other parent, termed the possessory conservator, retains rights to access and visitation but lacks decision-making authority. 

Parental Rights and Duties:

Regardless of the conservatorship arrangement, Texas law outlines specific rights and duties for parents:

• Rights:
  • Access to the child’s medical, dental, psychological, and educational records.
  • Consultation with school officials concerning the child’s welfare and educational status.
  • Attendance at school activities.
  • Consent to medical, dental, and surgical treatment during an emergency involving immediate danger to the child’s health and safety.
  • Participation in decisions regarding the child’s education. 
• Duties:
  • Providing care, control, protection, and reasonable discipline of the child.
  • Supporting the child by providing clothing, food, shelter, medical and dental care, and education.
  • Managing the child’s estate if one exists. 

Best Interest of the Child Standard:

Texas courts prioritize the child’s best interest when determining conservatorship and the allocation of parental rights and duties. Factors considered include:

• The child’s physical and emotional needs.
• The stability of each parent’s home environment.
• Each parent’s ability to provide for the child’s needs.
• The child’s preferences, especially if aged 12 or older.