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Legal Information: Texas


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November 5, 2020

If the other parent committed domestic violence or sexual assault, can s/he become a possessory conservator?

Possibly. The law says that the judge “must consider” any incident of family violence or sexual abuse in deciding whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.1 To read about when a judge will place further restrictions on a parent’s possession of and access to a child, go to When can a parent who committed domestic violence or sexual assault be denied all access to a child? and When can a parent who committed violence be ordered to have supervised visitation only?

1 Tex. Fam. Code § 153.004(c)