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Legal Information: Texas


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November 5, 2020

When will a judge refuse to appoint an abusive parent as a joint or sole managing conservator?

A judge may not appoint joint managing conservatorship between the parties if s/he finds that there is:

If any of the above are true, the judge will also assume that it is not in the child’s best interest for the abusive parent to be a sole managing conservator or to be the conservator who has the exclusive right to determine the primary residence of a child.  However, that parent has the right to present evidence to try to change the judge’s mind.1

1 Tex. Fam. Code § 153.004(b)