Sec. 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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.043, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 117 (S.B. 817), Sec. 3, eff. September 1, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 153 - Conservatorship, Possession, and Access
Subchapter A. General Provisions
Section 153.001. Public Policy
Section 153.002. Best Interest of Child
Section 153.003. No Discrimination Based on Sex or Marital Status
Section 153.004. History of Domestic Violence or Sexual Abuse
Section 153.005. Appointment of Sole or Joint Managing Conservator
Section 153.006. Appointment of Possessory Conservator
Section 153.007. Agreed Parenting Plan
Section 153.0071. Alternate Dispute Resolution Procedures
Section 153.009. Interview of Child in Chambers
Section 153.010. Order for Family Counseling
Section 153.011. Security Bond
Section 153.012. Right to Privacy; Deletion of Personal Information in Records
Section 153.013. False Report of Child Abuse
Section 153.014. Visitation Centers and Visitation Exchange Facilities
Section 153.015. Electronic Communication With Child by Conservator