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Who has more rights the temporary managing conservator or temporary possessory conservator?
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What's the major difference between a 'managing conservator' and a 'possessory' one?
The legal definition is a managing conservator is the person in whose home the child resides and the person who receives financial support for the child. The possessory conservator is the person who has visitation rights and pays the child support. Generally the "MC" has more rights in all decisions regarding the child. However, the actual rights and responsibilities of both parties are defined in the custody order at the discretion of the presiding magistrate.
Can the custodial parent give consent for a 17-year-old to get married without the managing conservator's permission in Texas?
No. There is no difference in the rights of the possessory and the conservator to the minor child in question unless there is a court order that stipulates otherwise. The gender of the minor is not relevant.
What is possessory custody?
Possessory custody or possessory conservator refers to the person in a custody order who does not have the child/children living with them the majority of the time. A person with possessory custody has the right to possession at certain times and places accompanied by certain rights and obligations.
Does a possessory conservator automatically have custody of a child when the managing conservator who lives with child at grandmother's house die and can the grandmother refuse to let child go to the possessory conservator in Texas?
This would be a change of circumstances. What are the best interests of the child? If the father wants to contest it - I think he has a good case.Yeah it definitely deals with a modification of a custody arrangement. I believe that the death of one parent would enough to satisfy a material and substantial enough change so that the arrangement will be changed. Also, the courts favor the biological parent, so it is likely that it is in the best interest of the child that they live with the alive parent as opposed to the Grandparent. It should be noted however that in TX grandparents have rights of "access" to their grandchildren should they meet certain criteria.My advice to you is to hire a lawyer, and have the custody changed.
What is the law in TX for signing over parental rights to a child?
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit affecting the parent-child relationship in which the department or an authorized agency has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review the conservatorship appointment and substitute care.see links
Was the Bill of Rights temporary?
No. The Bill of Rights is active today.
What is the difference between guardian and conservator?
The answer to this question depends on the laws of the state in which the guardian or conservator is appointed. In some states there is a significant difference. In others the terms may be used virtually interchangeably. In still other one or the other may not be used at all. In New Jersey, a statute in the probate laws taken in part from the American Law Institute's Uniform Probate Code provides for a "Conservator" in addition to the traditional Guardian. The differences lie in the degree of incapacity/incompetency of the person in need of the guardian or conservator, the powers of guardian or conservator and in the legal rights and abilities the person retains. For an adult, a guardian is appointed for a person who is unable to manage his/her own affairs and it requires proof by two physicians that the person is incapable of managing his/her affairs. The guardian has full powers over both the property and the person of the incapacitated person. The Guardian has full powers to invest, manage and sell property of the person. If the person is declared incapacitated and a guardian is appointed the person loses most of the legal abilities he or she normally has. For example that person may no longer execute a will. The guardian also has the power to make medical decisions. A conservator is appointed just on a showing that the person is in need of help in managing his/her affairs. The Conservator does not have full power over the person's property. It is limited to managing it and conserving it. If additional powers are needed the Conservator may go to court for a grant of the additional powers needed The Conservator has no powers over medical decisions unless specifically allowed by the court appointing the Conservator. The person is not declared incapacitated therefore he/she retains all legal abilities, such as the right to make a will and even the power to go to court and have the conservatorship vacated. In NJ, the Conservatorship functioned like a court created power of attorney, meaning the person still is able to manage his/her own affairs even if there is a disagreement with the judgment of the Conservator. Different states will have variations of the nature of a guardianship and a conservatorship; therefore a comprehensive statement of their differences is not possible here.
What is business ownership?
Ownership is the status of having the right to at least some incidents and benefits of a legally-cognized and legally-recognized property interest, which need not be possessory rights.
Do civil rights apply when a conservatorship is in place?
Some civil rights remain with the person under a Conservatorship. However, all but very few basic civil rights are given to the general Conservator. A person under conservatorship retains those civil or constitutional rights not specifically given away by the court. The person under a Conservatorship retains such rights as the ability to hire an attorney to challenge the Conservatorship or seek redress and the power to release medical records,There are different sub-types of conservatorships in different jurisdictions. Generally, a Conservator of a persons estate is responsible for handling the financial affairs of the principal. A Conservator of the person is appointed to make decisions about personal physical needs such as residence, clothing, health needs, food, admission to a nursing home, etc. The civil rights retained by the principal may vary under the various types of Conservatorships.
What is the biological parents rights if givin up temporary custudy?
I think what you are asking is what are the parental rights if someone else obtains custody? If this is your question then the answer depends on why someone else has temporary custody. Is CPS/DCFS/DSS involved and did they remove the children? Was there are guardianship hearing that awarded someone temporary custody? If there is indeed a temporary custody order in place your parental rights are determined by the court governing said order.
Can father of a 4yr old child who has possessory conservatorship where the child has lived in his care for over 6 months obtain full rights and not have joint MC ex-stepgmother get vistation rights?
uhmm,my i have so many assignments but i dont know where to startwhere do i start??you can start by writting does that help
If an acting conservator dies and her husband is named as the 'assuming conservator' what are the options a sister has to gain custodial rights of the minor child?
None. The court has ruled on the custodial issues of the minor child/children involved. Unless the appointed custodian is deemed unfit or unable to assume the responsiblity by the court, the court will not agree to hear custody contestations from other parties
