153.005. 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.