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Legal Statutes: Texas

UPDATED July 20, 2016

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Subchapter A. General Provisions

back to top153.005. Appointment of Sole or Joint Managing Conservator

(a) In a suit, except as provided by Section 153.004, the court:

(1) may appoint a sole managing conservator or may appoint joint managing conservators; and

(2) if the parents are or will be separated, shall appoint at least one managing conservator.

(b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services , or a licensed child-placing agency.

(c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit:

(1) a party engaged in a history or pattern of family violence, as defined by Section 71.004;

(2) a party engaged in a history or pattern of child abuse or child neglect; or

(3) a final protective order was rendered against a party.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 1.043, eff. April 2, 2015; Acts 2015, 84th Leg., ch. 117 (S.B. 817), § 3, eff. Sept. 1, 2015.