The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child.
Tex. Fam. Code § 153.191
PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR
Applied in 7 court decisions — leading case In the Interest of Walters (2001)
Most recently applied in Ruiz v. Texas Department of Protective & Regulatory Services (October 2013)
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff
How often courts cite this section
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.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.