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Tex. Fam. Code § 153.131

PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR

Applied in 140 court decisions — leading case In the Interest of V.L.K. (2000)

Most recently applied in in the Interest of T.L.E. A/K/A T.E., and D.V.E A/K/A A.D.E., Children (May 2019)

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff

How often courts cite this section

1995200020102019120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.