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Texas Family Code - Section 153.134. Court-Ordered Joint Conservatorship

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 153.134. Court-Ordered Joint Conservatorship

§ 153.134. COURT-ORDERED JOINT CONSERVATORSHIP.  (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 conservatorship 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, § 2, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 1036, § 11, eff. Sept. 1, 2003;  
Acts 2005, 79th Leg., ch. 482, § 5, eff. Sept. 1, 2005;  Acts 
2005, 79th Leg., ch. 916, § 11, eff. June 18, 2005.

Last modified: August 11, 2007