What is the difference between joint and sole custody?
Full Question:
Answer:
"Custody" as it is often referred to by law people (and by lawyers as a generic term) in Texas is really comprised of several categories of "conservatorship." There are three basic types of conservatorship with several sub-categories provided for within each. These categories are
actually names or labels for a particular set of rights and obligations imposed on an adult -- normally the parent of a child -- towards a child and imposed by a court order or divorce decree.
The basic starting point for understanding conservatorship starts with the categories "sole managing conservatorship" and "sole possessory conservatorship." They are basically the sides to a single coin and it is rare, if ever, you will find one without the other in the context of a typical divorce. Although they are far more rare since the advent of "joint managing conservatorship," both still exist not only in existing decrees and orders, but also in new orders and decrees.
Sole Managing Conservatorship: Sole managing conservatorship (a/k/a SMC) is seen historically (and often wrongly) as the type of conservatorship a mother would be awarded towards her child. Included within this category is the right to "manage" the child's affairs. This includes selecting the child's school, religious upbringing and moral training, medical care provider, school the child attends, and where the child resides to name but several. It is viewed as having ultimate, and often unbridled, control over the affairs of a child.
Sole Possessory Conservatorship: The counterpart to sole managing conservator is sole possessory conservatorship (a/k/a SPC). This conservator is seen historically (and often wrongly) as the type of conservatorship which would be awarded to a "weekend father." This conservator has minimal control over the child, but for when the child is actually in that person's temporary possession. Normally this person's control over the child's affairs is secondary to the rights of the sole managing conservator. The primary right this person is to enjoy visitation (i.e. possession) of the child at expressly designated and enumerated points in time.
Joint Managing Conservatorship: This joint relationship (a/k/a JMC) is an attempt to establish a fairer and more equal means of parents sharing in and participating in their child's life. This has been generally accepted in Texas, and, in fact, is presumed to be in the best interest of the child. However, while parents share the title of managing conservatorship, the decree or the order from the court actually designates and enumerates the respective and relative rights of the joint
managing conservators. While the title or label implies equal rights and obligations are shared by the parents, the decree actually spells out what rights and obligations each has.
The rights which may be shared or awarded jointly, or to only one of the parties in a joint managing conservatorship arrangement include the right to make decisions concerning the child's education, the child's moral upbringing (i.e. religious training), the child's medical care provider, the child's psychological and emotional health care provider if needed (and the right to make such a decision to seek such care), to name but only several of these rights.
The primary focus of litigation in conservatorship cases is not the award of the name of "managing conservatorship," since it is now presumed to be in the best interests of the child, but is the award of the rights conferred by the court. Most important of these rights is the right to establish the domicile and residence of the child. This is, in essence, the right to determine where the child physically lives. This is also known as "primary possession." Often this right is limited by the imposition of a geographic area in which the person may select where the child is to live. This can be limited to a county (and often to counties contiguous to a single county), or even an area as small as a school district.