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What is a managing conservator?
It is a term used in some states to indicate who retains custody of a minor child. If parents share equal custody they are joint managing conservators. If one parent retains primary custody he or she is the sole conservator and the non-custodial parent is the possessory conservator.
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.
What is a possessory conservator?
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.
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.
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.
If you have possessory custody. How can you get full custody?
You file a motion with the court.
If your ex lives in Washington and your son and you reside in Pennsylvania how do get custody papers drawn up so you know he will be returned to you after visitations?
The rules of visitation rights are included in the original custody agreement. If the exact wording is not present, the law presumes the noncustodial parent will adhere to the wishes of the primary custodial parent in such matters, or be in violation of a court order. If there is a joint custody order in place it should stipulate which parent is the managing conservator.
Can a minor move in with his possessor conservator?
Yes, a minor can move in with their legal guardian, such as a possessor conservator, provided that the arrangement is in the best interest of the child and complies with relevant laws and regulations. The conservator must ensure that the living situation meets the minor's needs for safety, stability, and well-being. It's also advisable to involve legal counsel or the court if there are any concerns or complexities regarding custody or guardianship arrangements.
If one year after a one night stand the paternity test results come out what can the woman do to protect full custody of her child if the man lives out of state?
Where the involved parties live is usually not relevant when it pertains to custodial rights. The biological father has a legal right after paternity is established, to file a petition for equal or full custody (sometimes referred to as the managing conservator) and/or visitation privileges. This also means he will be subject to pay child support as ordered by the court in the state where the child resides.
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
What consitutes material change in circumstances that is adverse to the best interest of the children?
The court may modify an order that designates a sole managing conservator of a child of any age if: # The circumstances of the child, sole managing conservator, possessory conservator, or other party affected by the order have materially and substantially changed since the date the order was rendered; and,# The appointment of the new sole managing conservator would be a positive improvement for the child. Both the material change and positive improvement prongs of the test must be satisfied. More than a slight change is required. A slight change in circumstances will not justify a modification of managing conservatorship. The change must also have occurred since the prior order.The material change must have occurred after rendition of the order sought to be modified. A circumstance that existed at the time the prior order was rendered does not support a finding of a material change in circumstances. The material change must also directly or indirectly affect the child's welfare. Many aspects of the child's physical, mental, emotional, and moral well-being have been considered in deciding whether there has been a material change of circumstances affecting the child's welfare, including: # Whether a party has provided for the child's particular health needs, handicaps, hygiene habits, and dietary and clothing needs.# Whether a party has properly overseen the child's educational and social development.# A party's ability or inability to spend time with, care for, and supervise a child.# A party's income, financial situation, employment history and capacity, present job status, and type of employment.# Frequent changes of residence by the managing conservator.Child's Changing Needs The changing needs of the child as he or she gets older may, by themselves, constitute a material change in circumstances. However, the age of the child or a party, as an isolated fact, is generally insufficient to support modification of managing conservatorship. Party's Physical and Mental Condition A party's physical infirmities rarely justify modification unless the party is substantially unable to care for the needs of the child. On the other hand, courts consider a party's mental health and emotional stability to be very important factors. Party's Remarriage Although a party's remarriage, as an isolated fact, is insufficient to justify modification, the circumstances created by a remarriage may affect the child in such a way as to justify modification. For example, remarriage may provide a party with greater income and better living conditions and may allow the party to spend more time with the child. On the other hand, a remarriage may produce financial hardship, or the new spouse may abuse the child, speak disparagingly of the other party, or be of less than reputable character. New spouse's race may not be considered The United States Supreme Court has held it unconstitutional to consider the race of the parent's new partner in making a custody decision. Party's Negative Behavior - Use of Child as Pawn A parent's use of a child as a pawn in disputes may constitute a material and substantial change in circumstances. Child-Snatching Snatching a child and fleeing may be sufficient to justify a modification of custody. The deliberate secreting of the child demonstrates that the person may be unfit as a custodian and that the child's best interest will be promoted by placing the child with the other party. Interfering with Child's Relationship With Other Parent Acts, omissions, or circumstances of a managing conservator that thwart the child's ties with the other parent, such as interfering with visitation, may constitute a material and substantial change in circumstances. A material and substantial change occurs when a managing conservator, by word, attitude, or deed, directly or subtly alienates the child's affection for, or poisons the child's mind against, the other parent. Moral Misconduct The moral misconduct of a party, such as, for example, a party's sexual promiscuity, affairs, or living with a member of the opposite sex out of wedlock may constitute a material and substantial change. Conviction of Crime Being convicted of a crime or subjecting the child to the influence of persons involved in criminal activities may be considered a material and substantial change in circumstances. Crime involving child abuse The conviction, or an order deferring adjudication, of a managing or possessory conservator for a criminal offense involving child abuse constitutes a material and substantial change of circumstances sufficient to justify a modification of conservatorship. Caution: It is a Class B misdemeanor to seek modification on the basis of an alleged conviction or adjudication while knowing that the conservator against whom modification is sought has not actually been convicted of, or received deferred adjudication for, a child abuse offense. Use of Illegal Drugs The use of illegal drugs by a party seeking custody is a material issue in a suit to modify conservatorship. Texas Rule of Civil Procedure 204 authorizes a court to order a petitioner to submit to drug tests if sufficient evidence is presented to place the matter in controversy and there is a showing of good cause for such an order. Dishonorable Discharge A dishonorable discharge from the armed services may be considered grounds for change of custody Abuse of Child or Spouse The physical, mental, or sexual abuse of a child is a material and substantial change in circumstances.NOTE: In determining whether to appoint a party as a sole or joint managing conservator in the original divorce action, the court must consider evidence of the intentional use of abusive physical force by a party against the party's spouse, the child's parent, or any person younger than 18 committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Past Isolated Instances of Misconduct Conduct that has occurred in a few isolated instances in the distant past is less likely to be deemed a material and substantial change in circumstances than conduct occurring in the recent past Child's Awareness of Misconduct Behavior that occurred in the child's presence or that the child is aware of is more likely to constitute a material and substantial change. Religious Training or Beliefs Disputes involving a child's religious training do not constitute a material and substantial change in circumstances. Courts may not constitutionally require religious affiliation or training. The trier of fact in a child-related dispute must remain impartial as to any religious preference. Parent's religious beliefs The state, through its courts, may not prefer the religious views of one parent over the other in deciding the child's best interest. Thus, absent evidence that a parent's beliefs and practices are either illegal or immoral, or cause serious bodily or mental injury to, or neglect of, the child, continuing emphasis on a parent's religion during the trial may be reversible error.Positive Improvement as Separate Element of Two-Part TestThe second element of the two-part test for replacing one sole managing conservator with another sole managing conservator requires a showing that the appointment of the new sole managing conservator would be a positive improvement for the child. Positive improvement must be found as a separate element.Factors Considered in Determining Positive ImprovementThe positive improvement requirement focuses primarily on the circumstances of the person who is seeking to become sole managing conservator. Present managing conservator's circumstancesThe circumstances of the managing conservator will be considered for the limited purpose of comparison. In addition, the more destructive the current situation, the less that needs to be demonstrated to show positive improvement. Removal of negative factors as consideration While any number of factors potentially affecting the child's welfare may be considered in ruling on positive improvement, the focus of these factors will be on the potential positive impact on the child if the modification is granted, rather than the harm to the child if the managing conservator is retained. However, the removal of a negative factor in the existing environment may be sufficient to show positive improvement. For example, the elimination of a daughter's emotional distress caused by living with her father was sufficient to support a finding that giving her mother custody would be a positive improvement. Similarly, the more stable home life of the person seeking managing conservatorship, as compared to the unstable environment with the present managing conservator, may make the modification a positive improvement
You are the poss conservator my kids are 13 and 14 yrs old the kids want to live with you full time but their father who is Sole Mang Conservator refuses to let them what can I or the kids do?
You really need to get a lawyer. Go to court and tell the judge that the kids want to live with you. Fight hard, and make sure you have a steady income, and are emotionally and phiscally stable. Maybe go for part-time custody. The kids are old enough to handle it.
