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originallawyer, Family Law Attorney
Category: Family Law
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Experience:  5+ years of experience in divorce, custody battles and mediation.
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I need to correct some language in a final modification order

Resolved Question:

I need to correct some language in a final modification order in Tx. Can anyone help with that?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Good morning:

What type of conservatorship are you requesting, or if it was ordered, what type did the Judge tell you to put in the order?

In Texas, you can choose from "joint managing" or "sole managing".

What language did you use?

I practice in Texas, so I can help you, but I would need to know what kind of conservatorship you are going for.
Customer: replied 1 year ago.

is it possible to fax the order and note to you? I am willing to pay more for your help. thanks!


It is a joint conservatorship- right to establish residency for my daughter, who now lives with me out of state. My other daughter lives with her mom, who originally had custody of both. Argreement by both parties

Expert:  originallawyer replied 1 year ago.
Sadly, it's not possible to fax anything to me. I am only allowed to interact with you through this website.

Usually a Texas order has a "rights and duties' section, where both parties rights and duties are listed out.

www.texaslawhelp.org has a good example of what a final order should look like and all the rights and duties included in JMC.

Basic Rights of Conservators under JMC for both mom and dad.

1.the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child.

2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child.

3.the right of access to medical, dental, psychological, and educational records of the child.

4.the right to consult with a physician, dentist, or psychologist of the child.

5.the right to consult with school officials concerning the child’s welfare and educational status, including school activities.

6.the right to attend school activities.

7.the right to be designated on the child’s records as a person to be notified in case of an emergency.

8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.

9.the right to manage the estate of the child to the extent the estate has been created by the parent/conservator or the parent/conservator’s family.

10.the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and

11.the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.


Duties of both parents as Joint Managing Conservator:

12.the duty of care, control, protection, and reasonable discipline of the child.

13.the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure.

14.the right to consent for the child to medical and dental care not involving an invasive procedure.

15.the right to direct the moral and religious training of the child.

----> These are rights that are for both parties, but only one party gets to decide residency.

.Only one parent shall have the exclusive right to designate the primary residence of child in a specific geographical area, which is commonly the county in which the child currently resides and the contiguous counties thereto.

17.the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party) to consent to medical, dental, and surgical treatment involving invasive procedures may be subject to agreement, an independent right or an exclusive right;

18.the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party) to consent to psychiatric and psychological treatment of the child may be subject to agreement, an independent right or an exclusive right;

19.Only one parent shall have the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

20.the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party) to represent the child in legal action and to make other decisions of substantial legal significance concerning the child may be subject to agreement, an independent right or an exclusive right;

21.the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party) to consent to marriage and to enlistment in the armed forces of the United States may be subject to agreement, an independent right or an exclusive right;

22.the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party)to make decisions concerning the child’s education may be subject to agreement, an independent right a joint right or an exclusive right;

23.except as provided by section(NNN) NNN-NNNNof the Texas Family Code, the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party) to the services and earnings of the child may be subject to agreement, an independent right or an exclusive right;

24.except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the right (either independent OR exclusive OR subject to the agreeement of the other party OR after consultation of the other party)to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government may be subject to agreement, an independent right or an exclusive right; and

25.the right to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent/conservator may be subject to agreement, an independent right or an exclusive right.


Please feel free to ask further questions.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 350
Experience: 5+ years of experience in divorce, custody battles and mediation.
originallawyer and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks! the modification order I wrote has a note for correction ..it say "possession and conservatorship language is vague and ambiguous".


In a" joint managing conservatorship, right to establish residiency" where one child lives with mom and on with dad, what is the best way to spell that out?


feel free to bill me again, Thanks!

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