Introduction
The process of divorcing can be stressful under the best of circumstances. However, if you and your spouse have children together, a divorce is even more of a challenge. After all, families have to make crucial decisions regarding child custody, support, and more. While courts today generally try to appoint custody to both parents, situations may arise in which one parent is granted sole managing conservatorship.
A legal designation, sole managing conservatorship affords one parent the right to make final decisions regarding a child’s health and life. Along with designating where a child will live, the parent with sole managing conservatorship has control over medical, dental, and surgical treatments. Additionally, this person has the right to make choices regarding education. As a parent, if you want to be the only person making these decisions for your child, you might be interested in pursuing sole managing conservatorship.
What Rights Are Granted by Sole Managing Conservatorship?
Sole managing conservatorship grants someone exclusive rights to make decisions about a child’s welfare. To that end, this individual is the one listed as an emergency contact for daycare centers, schools, and clubs. Should a child require medical care or mental health treatments, the managing conservator will be the one to give approval. Additionally, the conservator has the right to make decisions regarding a child’s living circumstances and education. Here are some of the unique rights granted to a sole managing conservator:
- Choosing where a child will live (within a particular geographic region)
- Making legal decisions about a child and representing them in a legal action
- Determining where and under what circumstances a child will be educated
- Giving consent for invasive medical care (except for emergency treatment)
- Managing any of the child’s earnings
- Giving consent for marriages or armed forces enlistments
When Will a Court Assign Sole Managing Conservatorship?
Courts generally afford both parents the right to make decisions regarding their child’s welfare. However, in certain cases, a court may determine that it’s in the child’s best interest for one person to serve as managing conservator. While conservatorship rights generally go to parents, they may also be granted to relatives, other competent adults, or even authorized agencies. Here are some of the circumstances that may cause a court to assign someone sole managing conservatorship:
- Family violence
- Substance abuse
- Neglect
- Criminal behavior
- Absence of one parent in the child’s life
Can You Gain Conservatorship of an Adult?
When people talk about sole managing conservatorship, they’re generally referring to a parent’s right to look after a minor child’s well being. However, in some cases, a court may appoint a conservator for an adult. This individual is responsible for making medical and personal decisions, including those involving financial matters. In most cases, the court will establish a conservatorship for someone who’s in a coma or suffering from a serious injury or illness, such as advanced Alzheimer’s disease.
Do You Need an Attorney for Your Sole Conservatorship Case?
The truth is that cases involving child custody are often acrimonious. Even if it seems like both parents agree about custody decisions, it may be in your family’s best interest to seek out legal representation. The goal is to ensure a child’s needs are met both personally and financially throughout the process while respecting your rights as a parent.
Trust JacksonWhite Law With Your Family’s Future
The attorneys at JacksonWhite Law have years of experience handling guardianship and conservatorship cases. Get in touch with our team so we can start working on your case as soon as possible.
Call our Guardianship and Conservatorship team at (480)467-4313 to discuss your case today.