Possessory Conservator means the parent who has visitation. In most posesses and access orders fatherreceive this designation.
Possessory Conservator is a term that is unique to Texas Family Law. Conservator, basically means rights and duties. This includes such things as the right to make various decisions regarding the child, such as educational and medical decisions.
The Managing Conservator, or Sole Managing Conservator, is the parent who has the right to manage those rights and duties. In short, the Managing Conservator has the right to make the decisions for the child.
A child typically lives with the Managing Conservator and visits the Possessory Conservator. Many people find this language distasteful. After all, both parents are responsible for raising the children. In addition, The courts use the legal term of possession and access to to what is commonly called visitation.
At America Family Law Center we want to promote the fact that both parents are responsible for raising their children. We refer to possession and access as parenting time. It is not time for the non-custodial parent to visit their children but time to instill values and guide their children into becoming productive young adults.
Changing the terminology
It may take time before the courts and legislation adopt terminology that is more representative of the world we live in today. But using language that is not decisive but identifies that the parent must learn to co-parent and both use their parenting time to parent and not entertain their children is important. Children deserve to have a stable family environment within each parent’s home.
Please remember that this article is for information purposes only and is not intended to be or substitute for legal advice. Please contact Fathers for Equal Rights and consult with an attorney there or elsewhere for legal advice.