Texas Family Code - Section 153.131. Presumption That Parent To Be Appointed Managing Conservator

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 153.131. Presumption That Parent To Be Appointed 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.

Last modified: August 10, 2007