What is the Difference Between Conservators and Guardians in Texas?
If you have been looking into the process of getting a divorce in Texas, but you and your spouse have children together, you may have come across a term known as conservatorship. This word can have different definitions depending on the state in which it is being used.
For example, a conservatorship in California is not defined in the same way as conservatorships in Texas. In the state of California, a conservatorship is regarded as a dynamic in which one adult is appointed to care for another adult. Conversely, in the eyes of the law in Texas, a conservatorship is synonymous with child custody.
That said, you will not see the term "child custody" in any legal documents defining the law in Texas. Rather, it will always be referred to as a conservatorship.
However, some people are confused by the difference between a guardian and a conservator. In many cases, parents are referred to as guardians, and that can make it even more difficult to figure out how conservatorships and guardianships differ.
How is a Conservator Different From a Guardian?
It is important to understand the difference between a conservator and a guardian in Texas. While they sound like synonyms on the surface, the main difference between conservators and guardians is that a guardian is appointed to someone who cannot take care of themselves, no matter their age, whereas a conservator is an adult appointed to care for a child.
The Three Types of Conservatorships in Texas
Conservatorships only apply to children or minors. Not all conservatorships are the same. In fact, there are three distinct types of conservatorships in Texas:
- Possessory Conservatorship
- Sole-Managing Conservatorships
- Joint-Managing Conservatorships
The Two Types of Guardians in Texas
Unlike conservators, who are only appointed to minors, both children and adults can have guardians. It is important to recognize that there are two different types of guardianships in the state of Texas:
- Guardian of the Estate
- Guardian of the Person
How Do You Know Which Situation is Best For You?
It can be very fascinating to read about conservatorships, learn about guardianships, and compare the differences between the two. But how are you supposed to figure out which type of conservatorship or guardianship you should pursue given the context of your situation?
As with all legal matters, it is in your best interest to contact an attorney who practices the type of law that pertains to your circumstances. If you are getting a divorce and you want to establish a parenting plan, then a conservatorship applies to your situation rather than a guardianship.
Upon hiring an experienced divorce lawyer, you can discuss your desired outcome with your lawyer and they will work with you to pursue a conservatorship that is in line with your ideal parenting plan.
Contact a Wylie Family Law Attorney
Divorces prompt many questions, especially for those who are getting divorced for the first time. Whether you have experienced divorce proceedings before or you are new to all that the divorce process entails, it is wise to seek legal guidance by hiring a family law attorney.
Retaining a lawyer is particularly helpful when children are involved because matters such as conservatorships add another layer of complexity to the situation. At Law Office of Brian Bagley, Attorney Brian Bagley focuses on providing the highest levels of professionalism, wisdom, and compassion to every family law case.
With over a decade of experience representing clients in Texas, you can trust Brian Bagley to guide you in the process of pursuing a conservatorship during a divorce. Call (972) 843-7158 today to schedule a free consultation with a Collin County divorce attorney.
Source:
https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm