Possessory conservator

In American jurisdictions that assign possession rights to a child to a “conservator”, there may be two kinds of “conservators”: a “managing conservator” and a “possessory conservator.”

Conservatorship orders divide various parental rights and duties, including

(1) the right to make major decisions regarding the children;
(2) the right to have physical possession of the children; and
(3) the duty to financially support the children among the parents after the divorce.

Example

The following is an example of a law governing possessory and managing conservators:

Family Code § 153.005. Appointment of Sole or Joint Managing Conservator:

In a suit, the court may appoint a sole managing conservator or may appoint joint managing conservators. If the parents are or will be separated, the court shall appoint at least one managing conservator. A managing conservator must be a parent, a competent adult, an authorized agency, or a licensed child-placing agency.

Family Code § 153.006. Appointment of Possessory Conservator:

If a managing conservator is appointed, the court may appoint one or more possessory conservators. The court shall specify the rights and duties of a person appointed possessory conservator. The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child.

Resources

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