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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2983
Experience:  associate attorney
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The prepared final child custody orders state both parents

Customer Question

The prepared final child custody orders state both parents as joint managing conservators. Please define the exclusive verses independent rights of each parent. If one parent only has independent rights, if the child is sick can the parent take the child to Doctor? If parent with exclusive rights decides to enroll child in hockey doesn't the non custodial parent have a say on whether the child can be enrolled in this activity?
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

I think you mean exclusive vs. joint rights of the parents. Exclusive rights would mean that one parent can make decisions based on his or her sole discretion without input from the other parent. Joint means both parents have the same amount of input and decision making and they both have to agree on a certain decision. If a parent has axclusive rights over healthcare then yes they can make any decision involving the child's medical care without the consent of the other. Although emergencies might be an exception (that would be if the non exclusive parent had the child in his or her custody and a quick decision must be made). If an exclusive parent with the rights to decide if the child can be enrolled in a sports decides to do so, the other parent would not have a say in the decision as he or she didn't have joint rights on the issue. See below for more information and for statutes relating to this issue.

Joint managing conservatorship (JMC) is when the rights and duties of a parent are shared by both parties. However, exclusive right to make certain decisions (like where the child lives) may be awarded to one party. Tex. Fam. Code § 101.016 JMC can be established either by an agreement from the parents or a court order. If the parents come to an agreement about sharing managing conservatorship, the agreement must be approved by a judge. Tex. Fam. Code § 153.133 If both parents are made conservators, the judge will specify the responsibilities each parent has separately and jointly. Tex. Fam. Code § 153.071 Even if the judge grants joint managing conservatorship, s/he may still make one parent the primary joint managing conservator, also known as the “custodial parent”. The custodial parent has the right to determine the primary (main) residence of the child. All other decisions are made by both parents. When a judge makes both parents joint managing conservators it does not mean that each parent will necessarily get equal or nearly equal possession of and access to the child. Tex. Fam. Code §153.135

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Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?