Texas Family Code
Sec. § 153.133
Parenting Plan for Joint Managing Conservatorship


(a)

If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan:

(1)

designates the conservator who has the exclusive right to designate the primary residence of the child and:

(A)

establishes, until modified by further order, the geographic area within which the conservator shall maintain the childs primary residence; or

(B)

specifies that the conservator may designate the childs primary residence without regard to geographic location;

(2)

specifies the rights and duties of each parent regarding the childs physical care, support, and education;

(3)

includes provisions to minimize disruption of the childs education, daily routine, and association with friends;

(4)

allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151;

(5)

is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and

(6)

is in the best interest of the child.

(b)

The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency.

(c)

Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan:

(1)

meets all the requirements of Subsections (a)(2) through (6); and

(2)

provides that the childs primary residence shall be within a specified geographic area.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 936, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1036, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 3, eff. September 1, 2009.
Sec. 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 childs 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 childs 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 childs primary residence; or

(B)

specify that the conservator may determine the childs primary residence without regard to geographic location;

(2)

specify the rights and duties of each parent regarding the childs physical care, support, and education;

(3)

include provisions to minimize disruption of the childs 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, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 936, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1036, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 5, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 11, eff. June 18, 2005.
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Last accessed
Jun. 9, 2018