2005 Texas Family Code CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
FAMILY CODE
CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
SUBCHAPTER A. GENERAL PROVISIONS
§ 153.001. PUBLIC POLICY. (a) The public policy of this
state is to:
(1) assure that children will have frequent and
continuing contact with parents who have shown the ability to act in
the best interest of the child;
(2) provide a safe, stable, and nonviolent environment
for the child; and
(3) encourage parents to share in the rights and
duties of raising their child after the parents have separated or
dissolved their marriage.
(b) A court may not render an order that conditions the
right of a conservator to possession of or access to a child on the
payment of child support.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 25, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 787, § 2, eff. Sept. 1, 1999.
§ 153.002. BEST INTEREST OF CHILD.
The best interest of
the child shall always be the primary consideration of the court in
determining the issues of conservatorship and possession of and
access to the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.003. NO DISCRIMINATION BASED ON SEX OR MARITAL
STATUS. The court shall consider the qualifications of the parties
without regard to their marital status or to the sex of the party or
the child in determining:
(1) which party to appoint as sole managing
conservator;
(2) whether to appoint a party as joint managing
conservator; and
(3) the terms and conditions of conservator ship and
possession of and access to the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.004.
HISTORY OF DOMESTIC VIOLENCE. (a) In
determining whether to appoint a party as a sole or joint managing
conservator, the court shall consider evidence of the intentional
use of abusive physical force by a party against the party's spouse,
a parent of the child, or any person younger than 18 years of age
committed within a two-year period preceding the filing of the suit
or during the pend- ency of the suit.
(b) The court may not appoint joint managing conservators if
credible evidence is presented of a history or pattern of past or
present child neglect, or physical or sexual abuse by one parent
directed against the other parent, a spouse, or a child, including a
sexual assault in violation of Section 22.011 or 22.021, Penal
Code, that results in the other parent becoming pregnant with the
child. A history of sexual abuse includes a sexual assault that
results in the other parent becoming pregnant with the child,
regardless of the prior relationship of the parents.
It is a
rebut table presumption that the appointment of a parent as the sole
managing conservator of a child or as the conservator who has the
exclusive right to determine the primary residence of a child is not
in the best interest of the child if credible evidence is presented
of a history or pattern of past or present child neglect, or
physical or sexual abuse by that parent directed against the other
parent, a spouse, or a child.
(c) The court shall consider the commission of family
violence in determining whether to deny, restrict, or limit the
possession of a child by a parent who is appointed as a possessor
conservator.
(d) The court may not allow a parent to have access to a
child for whom it is shown by a preponderance of the evidence that
there is a history or pattern of committing family violence during
the two years preceding the date of the filing of the suit or during
the pend-ency of the suit, unless the court:
(1) finds that awarding the parent access to the child
would not endanger the child's physical health or emotional welfare
and would be in the best interest of the child; and
(2) renders a possession order that is designed to
protect the safety and well-being of the child and any other person
who has been a victim of family violence committed by the parent and
that may include a requirement that:
(A) the periods of access be continuously
supervised by an entity or person chosen by the court;
(B) the exchange of possession of the child occur
in a protective setting;
(C) the parent abstain from the consumption of
alcohol or a controlled substance, as defined by Chapter 481,
Health and Safety Code, within 12 hours prior to or during the
period of access to the child; or
(D) the parent attend and complete a battering
intervention and prevention program as provided by Article 42.141,
Code of Criminal Procedure, or, if such a program is not available,
complete a course of treatment under Section 153.010.
(e) It is a rebut-table presumption that it is not in the best
interest of a child for a parent to have unsupervised visitation
with the child if credible evidence is presented of a history or
pattern of past or present child neglect or physical or sexual abuse
by that parent directed against the other parent, a spouse, or a
child.
(f) In determining under this section whether there is
credible evidence of a history or pattern of past or present child
neglect or physical or sexual abuse by a parent directed against the
other parent, a spouse, or a child, the court shall consider whether
a protective order was rendered under Chapter 85, Title 4, against
the parent during the two-year period preceding the filing of the
suit or during the pendency of the suit.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 774, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 787, § 3, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 586, § 1, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 642, § 1, eff. Sept. 1, 2003.
§ 153.005.
APPOINTMENT OF SOLE OR JOINT MANAGING
CONSERVATOR. (a) In a suit, the court may appoint a sole managing
conservator or may appoint joint managing conservators. If the
parents are or will be separated, the court shall appoint at least
one managing conservator.
(b) A managing conservator must be a parent, a competent
adult, an authorized agency, or a licensed child-placing agency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR. (a) If
a managing conservator is appointed, the court may appoint one or
more possessory conservators.
(b) The court shall specify the rights and duties of a
person appointed possessory conservator.
(c) The court shall specify and expressly state in the order
the times and conditions for possession of or access to the child,
unless a party shows good cause why specific orders would not be in
the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.007. AGREED PARENTING PLAN. (a) To promote the
amicable settlement of disputes between the parties to a suit, the
parties may enter into a written agreed parenting plan containing
provisions for conservator-ship and possession of the child and for
modification of the parenting plan, including variations from the
standard possession order.
(b) If the court finds that the agreed parenting plan is in
the child's best interest, the court shall render an order in
accordance with the parenting plan.
(c) Terms of the agreed parenting plan contained in the
order or incorporated by reference regarding conservator-ship or
support of or access to a child in an order may be enforced by all
remedies available for enforcement of a judgment, including
contempt, but are not enforceable as a contract.
(d) If the court finds the agreed parenting plan is not in
the child's best interest, the court may request the parties to
submit a revised parenting plan or the court may render an order for
the conservator-ship and possession of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 26, eff. Sept. 1,
1995; Acts 2005, 79th Leg., ch. 482, § 3, eff. Sept. 1, 2005.
§ 153.0071. ALTERNATE DISPUTE RESOLUTION
PROCEDURES.
(a) On written agreement of the parties, the court may
refer a suit affecting the parent-child relationship to
arbitration. The agreement must state whether the arbitration is
binding or non-binding.
(b) If the parties agree to binding arbitration, the court
shall render an order reflecting the arbitrator's award unless the
court determines at a non-jury hearing that the award is not in the
best interest of the child. The burden of proof at a hearing under
this subsection is on the party seeking to avoid rendition of an
order based on the arbitrator's award.
(c) On the written agreement of the parties or on the
court's own motion, the court may refer a suit affecting the
parent-child relationship to mediation.
(d) A mediated settlement agreement is binding on the
parties if the agreement:
(1) provides, in a prominently displayed statement
that is in boldfaced type or capital letters or underlined, that the
agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is
present at the time the agreement is signed.
(e) If a mediated settlement agreement meets the
requirements of Subsection (d), a party is entitled to judgment on
the mediated settlement agreement notwithstanding Rule 11, Texas
Rules of Civil Procedure, or another rule of law.
(e-1) Notwithstanding Subsections (d) and (e), a court may
decline to enter a judgment on a mediated settlement agreement if
the court finds that:
(1) a party to the agreement was a victim of family
violence, and that circumstance impaired the party's ability to
make decisions; and
(2) the agreement is not in the child's best interest.
(f) A party may at any time prior to the final mediation
order file a written objection to the referral of a suit affecting
the parent-child relationship to mediation on the basis of family
violence having been committed by another party against the
objecting party or a child who is the subject of the suit. After an
objection is filed, the suit may not be referred to mediation
unless, on the request of a party, a hearing is held and the court
finds that a preponderance of the evidence does not support the
objection.
If the suit is referred to mediation, the court shall
order appropriate measures be taken to ensure the physical and
emotional safety of the party who filed the objection. The order
shall provide that the parties not be required to have face-to-face
contact and that the parties be placed in separate rooms during
mediation. This subsection does not apply to suits filed under
Chapter 262.
Added by Acts 1995, 74th Leg., ch. 751, § 27, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 937, § 3, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 178, § 7, eff. Aug. 30, 1999;
Acts 1999, 76th Leg., ch. 1351, § 2, eff. Sept. 1, 1999; Acts
2005, 79th Leg., ch. 916, § 7, eff. June 18, 2005.
§ 153.0072. COLLABORATIVE LAW.
(a) On a written
agreement of the parties and their attorneys, a suit affecting the
parent-child relationship may be conducted under collaborative law
procedures.
(b) Collaborative law is a procedure in which the parties
and their counsel agree in writing to use their best efforts and
make a good faith attempt to resolve the suit affecting the
parent-child relationship on an agreed basis without resorting to
judicial intervention except to have the court approve the
settlement agreement, make the legal pronouncements, and sign the
orders required by law to effectuate the agreement of the parties as
the court determines appropriate.
The parties' counsel may not
serve as litigation counsel except to ask the court to approve the
settlement agreement.
(c) A collaborative law agreement must include provisions
for:
(1) full and candid exchange of information between
the parties and their attorneys as necessary to make a proper
evaluation of the case;
(2) suspending court intervention in the dispute while
the parties are using collaborative law procedures;
(3) hiring experts, as jointly agreed, to be used in
the procedure;
(4) withdrawal of all counsel involved in the
collaborative law procedure if the collaborative law procedure does
not result in settlement of the dispute; and
(5) other provisions as agreed to by the parties
consistent with a good faith effort to collaboratively settle the
matter.
(d) Notwithstanding Rule 11, Texas Rules of Civil
Procedure, or another rule or law, a party is entitled to judgment
on a collaborative law settlement agreement if the agreement:
(1) provides, in a prominently displayed statement
that is boldfaced, capitalized, or underlined, that the agreement
is not subject to revocation; and
(2) is signed by each party to the agreement and the
attorney of each party.
(e) Subject to Subsection (g), a court that is notified 30
days before trial that the parties are using collaborative law
procedures to attempt to settle a dispute may not, until a party
notifies the court that the collaborative law procedures did not
result in a settlement:
(1) set a hearing or trial in the case;
(2) impose discovery deadlines;
(3) require compliance with scheduling orders; or
(4) dismiss the case.
(f) The parties shall notify the court if the collaborative
law procedures result in a settlement. If they do not, the parties
shall file:
(1) a status report with the court not later than the
180th day after the date of the written agreement to use the
procedures; and
(2) a status report on or before the first anniversary
of the date of the written agreement to use the procedures,
accompanied by a motion for continuance that the court shall grant
if the status report indicates the desire of the parties to continue
to use collaborative law procedures.
(g) If the collaborative law procedures do not result in a
settlement on or before the second anniversary of the date that the
suit was filed, the court may:
(1) set the suit for trial on the regular docket; or
(2) dismiss the suit without prejudice.
(h) The provisions for confidentiality of alternative
dispute resolution procedures as provided in Chapter 154, Civil
Practice and Remedies Code, apply equally to collaborative law
procedures under this section.
Added by Acts 2001, 77th Leg., ch. 1022, § 2, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 916, § 8, eff. June 18,
2005.
§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE
RESIDENCE. A child 12 years of age or older may file with the court
in writing the name of the person who is the child's preference to
have the exclusive right to designate the primary residence of the
child, subject to the approval of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1036, § 5, eff. Sept. 1, 2003.
§ 153.009. INTERVIEW OF CHILD IN CHAMBERS. (a) In a
non-jury trial or at a hearing, on the application of a party, the
amicus attorney, or the attorney ad litem for the child, the court
shall interview in chambers a child 12 years of age or older and may
interview in chambers a child under 12 years of age to determine the
child's wishes as to conservator-ship or as to the person who shall
have the exclusive right to determine the child's primary
residence.
The court may also interview a child in chambers on the
court's own motion for a purpose specified by this subsection.
(b) In a nonjury trial or at a hearing, on the application of
a party, the amicus attorney, or the attorney ad litem for the child
or on the court's own motion, the court may interview the child in
chambers to determine the child's wishes as to possession, access,
or any other issue in the suit affecting the parent-child
relationship.
(c) Interviewing a child does not diminish the discretion of
the court in determining the best interests of the child.
(d) In a jury trial, the court may not interview the child in
chambers regarding an issue on which a party is entitled to a jury
verdict.
(e) In any trial or hearing, the court may permit the
attorney for a party, the amicus attorney, the guardian ad litem for
the child, or the attorney ad litem for the child to be present at
the interview.
(f) On the motion of a party, the amicus attorney, or the
attorney ad litem for the child, or on the court's own motion, the
court shall cause a record of the interview to be made when the
child is 12 years of age or older. A record of the interview shall
be part of the record in the case.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 781, § 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1289, § 2, eff. Sept. 1, 2001;
Acts 2005, 79th Leg., ch. 916, § 9, eff. June 18, 2005.
§ 153.010. ORDER FOR FAMILY COUNSELING. (a) If the court
finds at the time of a hearing that the parties have a history of
conflict in resolving an issue of conservatorship or possession of
or access to the child, the court may order a party to:
(1) participate in counseling with a mental health
professional who:
(A) has a background in family therapy;
(B) has a mental health license that requires as
a minimum a master's degree; and
(C) has training in domestic violence if the
court determines that the training is relevant to the type of
counseling needed; and
(2) pay the cost of counseling.
(b) If a person possessing the requirements of Subsection
(a)(1) is not available in the county in which the court presides,
the court may appoint a person the court believes is qualified to
conduct the counseling ordered under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 645, § 1, eff. Sept. 1,
1997.
§ 153.011. SECURITY BOND. If the court finds that a
person who has a possessory interest in a child may violate the
court order relating to the interest, the court may order the party
to execute a bond or deposit security. The court shall set the
amount and condition the bond or security on compliance with the
order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.012. RIGHT TO PRIVACY; DELETION OF PERSONAL
INFORMATION IN RECORDS.
The court may order the custodian of
records to delete all references in the records to the place of
residence of either party appointed as a conservator of the child
before the release of the records to another party appointed as a
conservator.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.013. FALSE REPORT OF CHILD ABUSE. (a) If a party to
a pending suit affecting the parent-child relationship makes a
report alleging child abuse by another party to the suit that the
reporting party knows lacks a factual foundation, the court shall
deem the report to be a knowingly false report.
(b) Evidence of a false report of child abuse is admissible
in a suit between the involved parties regarding the terms of
conservatorship of a child.
(c) If the court makes a finding under Subsection (a), the
court shall impose a civil penalty not to exceed $500.
Added by Acts 1995, 74th Leg., ch. 751, § 28, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 786, § 2, eff. Sept. 1,
1997.
§ 153.014. VISITATION CENTERS AND VISITATION EXCHANGE
FACILITIES.
A county may establish a visitation center or a
visitation exchange facility for the purpose of facilitating the
terms of a court order providing for the possession of or access to
a child.
Added by Acts 2001, 77th Leg., ch. 577, § 1, eff. June 11, 2001.
SUBCHAPTER B. PARENT APPOINTED AS CONSERVATOR: IN GENERAL
§ 153.071. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT
APPOINTED A CONSERVATOR. If both parents are appointed as
conservators of the child, the court shall specify the rights and
duties of a parent that are to be exercised:
(1) by each parent independently;
(2) by the joint agreement of the parents; and
(3) exclusively by one parent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.072. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL
RIGHTS AND DUTIES. The court may limit the rights and duties of a
parent appointed as a conservator if the court makes a written
finding that the limitation is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.073.
RIGHTS OF PARENT AT ALL TIMES. (a) Unless
limited by court order, a parent appointed as a conservator of a
child has at all times the right:
(1) to receive information from any other conservator
of the child concerning the health, education, and welfare of the
child;
(2) to confer with the other parent to the extent
possible before making a decision concerning the health, education,
and welfare of the child;
(3) of access to medical, dental, psychological, and
educational records of the child;
(4) to consult with a physician, dentist, or
psychologist of the child;
(5) to consult with school officials concerning the
child's welfare and educational status, including school
activities;
(6) to attend school activities;
(7) to be designated on the child's records as a person
to be notified in case of an emergency;
(8) to consent to medical, dental, and surgical
treatment during an emergency involving an immediate danger to the
health and safety of the child; and
(9) to manage the estate of the child to the extent the
estate has been created by the parent or the parent's family.
(b) The court shall specify in the order the rights that a
parent retains at all times.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 29, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1036, § 6, eff. Sept. 1, 2003.
§ 153.074. RIGHTS AND DUTIES DURING PERIOD OF
POSSESSION.
Unless limited by court order, a parent appointed as a
conservator of a child has the following rights and duties during
the period that the parent has possession of the child:
(1) the duty of care, control, protection, and
reasonable discipline of the child;
(2) the duty to support the child, including providing
the child with clothing, food, shelter, and medical and dental care
not involving an invasive procedure;
(3) the right to consent for the child to medical and
dental care not involving an invasive procedure; and
(4) the right to direct the moral and religious training of
the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 30, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1036, § 7, eff. Sept. 1, 2003.
§ 153.075. DUTIES OF PARENT NOT APPOINTED
CONSERVATOR.
The court may order a parent not appointed as a
managing or a possessory conservator to perform other parental
duties, including paying child support.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 153.076. DUTY TO PROVIDE INFORMATION. (a) The court
shall order that each conservator of a child has a duty to inform
the other conservator of the child in a timely manner of significant
information concerning the health, education, and welfare of the
child.
(b) The court shall order that each conservator of a child
has the duty to inform the other conservator of the child if the
conservator resides with for at least 30 days, marries, or intends
to marry a person who the conservator knows:
(1) is registered as a sex offender under Chapter 62,
Code of Criminal Procedure; or
(2) is currently charged with an offense for which on
conviction the person would be required to register under that
chapter.
(c) The notice required to be made under Subsection (b) must
be made as soon as practicable but not later than the 40th day after
the date the conservator of the child begins to reside with the
person or the 10th day after the date the marriage occurs, as
appropriate. The notice must include a description of the offense
that is the basis of the person's requirement to register as a sex
offender or of the offense with which the person is charged.
(d) A conservator commits an offense if the conservator
fails to provide notice in the manner required by Subsections (b)
and
(c). An offense under this subsection is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 751, § 31, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 330, § 1, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 1036, § 8, eff. Sept. 1, 2003.
SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING
CONSERVATOR
§ 153.131.
PRESUMPTION THAT PARENT TO BE APPOINTED
MANAGING CONSERVATOR. (a) Subject to the prohibition in Section
153.004, unless the court finds that appointment of the parent or
parents would not be in the best interest of the child because the
appointment would significantly impair the child's physical health
or emotional development, a parent shall be appointed sole managing
conservator or both parents shall be appointed as joint managing
conservators of the child.
(b) It is a rebuttable presumption that the appointment of
the parents of a child as joint managing conservators is in the best
interest of the child. A finding of a history of family violence
involving the parents of a child removes the presumption under this
subsection.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 32, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1193, § 20, eff. Sept. 1, 1997.
§ 153.132.
RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
MANAGING CONSERVATOR. Unless limited by court order, a parent
appointed as sole managing conservator of a child has the rights and
duties provided by Subchapter B and the following exclusive
rights:
(1) the right to designate the primary residence of
the child;
(2) the right to consent to medical, dental, and
surgical treatment involving invasive procedures;
(3) the right to consent to psychiatric and
psychological treatment;
(4) the right to receive and give receipt for periodic
payments for the support of the child and to hold or disburse these
funds for the benefit of the child;
(5) the right to represent the child in legal action
and to make other decisions of substantial legal significance
concerning the child;
(6) the right to consent to marriage and to enlistment
in the armed forces of the United States;
(7) the right to make decisions concerning the child's
education;
(8) the right to the services and earnings of the
child; and
(9) except when a guardian of the child's estate or a
guardian or attorney ad litem has been appointed for the child, the
right to act as an agent of the child in relation to the child's
estate if the child's action is required by a state, the United
States, or a foreign government.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 33, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1036, § 9, eff. Sept. 1, 2003;
Acts 2005, 79th Leg., ch. 916, § 10, eff. June 18, 2005.
§ 153.133. PARENTING PLAN FOR JOINT MANAGING
CONSERVATORSHIP.
(a) If a written agreed parenting plan is filed
with the court, the court shall render an order appointing the
parents as joint managing conservators only if the parenting plan:
(1) designates the conservator who has the exclusive
right to designate the primary residence of the child and:
(A) establishes, until modified by further
order, the geographic area within which the conservator shall
maintain the child's primary residence; or
(B) specifies that the conservator may designate
the child's primary residence without regard to geographic
location;
(2) specifies the rights and duties of each parent
regarding the child's physical care, support, and education;
(3) includes provisions to minimize disruption of the
child's education, daily routine, and association with friends;
(4) allocates between the parents, independently,
jointly, or exclusively, all of the remaining rights and duties of a
parent provided by Chapter 151;
(5) is voluntarily and knowingly made by each parent
and has not been repudiated by either parent at the time the order
is rendered; and
(6) is in the best interest of the child.
(b) The agreed parenting plan must contain an alternative
dispute resolution procedure that the parties agree to use before
requesting enforcement or modification of the terms and conditions
of the joint conservator-ship through litigation, except in an
emergency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 936, § 1, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 1036, § 10, eff. Sept. 1, 2003;
Acts 2005, 79th Leg., ch. 482, § 4, eff. Sept. 1, 2005.
§ 153.134. COURT-ORDERED JOINT CONSERVATOR-SHIP. (a) If a
written agreed parenting plan is not filed with the court, the court
may render an order appointing the parents joint managing
conservators only if the appointment is in the best interest of the
child, considering the following factors:
(1) whether the physical, psychological, or emotional
needs and development of the child will benefit from the
appointment of joint managing conservators;
(2) the ability of the parents to give first priority
to the welfare of the child and reach shared decisions in the
child's best interest;
(3) whether each parent can encourage and accept a
positive relationship between the child and the other parent;
(4) whether both parents participated in child rearing
before the filing of the suit;
(5) the geographical proximity of the parents'
residences;
(6) if the child is 12 years of age or older, the
child's preference, if any, regarding the person to have the
exclusive right to designate the primary residence of the child;
and
(7) any other relevant factor.
(b) In rendering an order appointing joint managing
conservators, the court shall:
(1) designate the conservator who has the exclusive
right to determine the primary residence of the child and:
(A) establish, until modified by further order, a
geographic area within which the conservator shall maintain the
child's primary residence; or
(B) specify that the conservator may determine
the child's primary residence without regard to geographic
location;
(2) specify the rights and duties of each parent
regarding the child's physical care, support, and education;
(3) include provisions to minimize disruption of the
child's education, daily routine, and association with friends;
(4) allocate between the parents, independently,
jointly, or exclusively, all of the remaining rights and duties of a
parent as provided by Chapter 151; and
(5) if feasible, recommend that the parties use an
alternative dispute resolution method before requesting
enforcement or modification of the terms and conditions of the
joint conservator-ship through litigation
