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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?
Wiki User
∙ 8y ago
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.
Wiki User
∙ 8y ago
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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 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 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'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.
Is spanking legal in Texas?
Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code Sec. 261.001. [Civil Code] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Penal Sec. 9.61. [Criminal Code]
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.
If the managing conservator is discredited would the possessory conservator get custody of the child?
It fully depends on the evidence.
What is a non possessory conservator?
It is another term for the parent with whom the child does not reside.
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 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'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 a possessory lien?
A possessory lien is the right of the creditor to retain possession of his debtors property until his debt has been satisfied.
If you have possessory custody. How can you get full custody?
You file a motion with the court.
How do you file a vehicle possessory lien?
Call your state DMV for advice.
Estates and Wills: Basic Legal Terms?
Many people dream about drafting their own legal estates and wills, rather than hiring an attorney for thousands of dollars. If a person wants to write his or her own legal will, however, there are some basic legal terms he or she ought to know. This article will discuss the most essential legal terms a person should know before drafting his or her own will. First, a person should know that the owner of a right to possess land in the present is referred to as a possessory estate. Also, an owner with a right to possess land in the future has a future interest in that land. After understanding these fundamental concepts of ownership in property law, it is next necessary to examine the most popular types of estates that exist. There are four possessory estates that are important to know. These are a fee simple, fee tail, life estate, and term of years. Each possessory estate has its own distinguishing feature. It is also important to recall the definition of a possessory estate, which is the right to possess land in the present. A fee simple is a type of possessory estate that has no inherent ending, and it is the largest estate out of the bunch named above. There is no ending built into a fee tail by its very nature. An example of wording describing a fee simple that might come up in a legal will is, A to B and (his or her) heirs. Next, a fee tail is a type of possessory estate with an interest that passes automatically to the holder’s issue, upon the holder’s death. Issue is a word that refers to lineal descendants. The interest ends when the last lineal descendant dies. With this type of possessory estate, the law assumes that it is inherently limited and will end naturally at some point. The third type of possessory estate this article will discuss is a life estate. A life estate is a type of possessory estate with an interest that will end upon the death of the person whose life is designated as the measuring life. An example of language articulating this concept is, A to B for life. The fourth type of possessory estate this article will discuss is a term of years. A term of years is also known as a lease. Overall, these are the basic terms to know when creating a will.
What rhymes with accessory?
sesame! (like, the seeds or sesame street)intercessory possessory accessary (diaphragm) pessary
