AGREED ORDER MODIFYING CONSERVATORSHIP, POSSESSION, AND ACCESS

State of Texas

CAUSE NUMBER AND COURT

CAUSE NO. [________________________________]

IN THE INTEREST OF

[________________________________], CHILD(REN)

IN THE [____] JUDICIAL DISTRICT COURT (or) COUNTY COURT AT LAW NO. [____]

OF [________________________________] COUNTY, TEXAS

ARTICLE I — PROCEDURAL HISTORY AND JURISDICTIONAL BASIS

1.1 Prior Order

This Agreed Modification Order amends the prior order in the above-referenced cause signed on [__/__/____] (the "Prior Order"), which established or last modified the terms of conservatorship, possession, and access for the following child(ren):

1.2 Filing and Standing

A Motion to Modify was filed on [__/__/____] by [________________________________] ("Movant"). The responding party is [________________________________] ("Respondent"). Both parties have standing to bring this action under Tex. Fam. Code § 102.003.

1.3 Continuing Exclusive Jurisdiction

This Court has continuing exclusive jurisdiction over this matter pursuant to Tex. Fam. Code § 155.001, as no other court has acquired jurisdiction.

1.4 Service and Appearance

☐ Respondent was duly served with citation and the Motion to Modify.
☐ Respondent has filed a general denial or waiver of service.
☐ Both parties appear before this Court in person or through counsel and announce this agreement.

1.5 Statutory Basis for Modification

The parties agree, and the Court finds, that modification is warranted under one or more of the following grounds (Tex. Fam. Code § 156.101):

☐ (a) Material and Substantial Change in Circumstances — The circumstances of the child, a conservator, or other party affected by the Prior Order have materially and substantially changed since the date of rendition of the Prior Order or the date of signing of the mediated or collaborative law settlement agreement on which the Prior Order is based.

☐ (b) Child Age 12 or Older — Preference — The child is at least 12 years of age and has expressed to the Court in chambers the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child. (Tex. Fam. Code § 153.009)

☐ (c) Conservator Voluntarily Relinquished Possession — The conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.

☐ (d) Military Deployment or Mobilization — Modification is based on the military deployment, military mobilization, or temporary military duty of a conservator who is a current or former member of the United States armed forces. (Tex. Fam. Code § 156.104)

Specific Circumstances Supporting Modification:
[________________________________]
[________________________________]
[________________________________]

ARTICLE II — IDENTIFICATION OF PARTIES

2.1 Movant / Conservator

Name: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Attorney (if represented): [________________________________]
State Bar No.: [________________________________]

2.2 Respondent / Conservator

Name: [________________________________]
Address: [________________________________]
County of Residence: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Attorney (if represented): [________________________________]
State Bar No.: [________________________________]

ARTICLE III — MODIFIED CONSERVATORSHIP APPOINTMENT

3.1 Modified Appointment of Conservators

The Court ORDERS that the Prior Order is modified as follows regarding the appointment of conservators:

☐ No change to conservatorship appointment. The conservatorship appointment in the Prior Order remains in full force and effect.

☐ Joint Managing Conservators (JMC). The parties are appointed Joint Managing Conservators of the child(ren). (Tex. Fam. Code § 153.131 — rebuttable presumption that JMC is in the best interest of the child.)

☐ Sole Managing Conservator (SMC) / Possessory Conservator (PC). [________________________________] is appointed Sole Managing Conservator and [________________________________] is appointed Possessory Conservator of the child(ren). (Tex. Fam. Code § 153.132)

3.2 Basis for Overcoming JMC Presumption (If SMC Appointed)

☐ Not applicable — JMC is ordered.
☐ History or pattern of family violence during the two-year period preceding the filing of this suit (Tex. Fam. Code § 153.004).
☐ History or pattern of child neglect by the other party.
☐ Appointment of both parents as JMC would significantly impair the child's physical health or emotional development (Tex. Fam. Code § 153.131(a)).
☐ Other: [________________________________]

3.3 Domestic Violence Finding (Tex. Fam. Code § 153.004)

☐ The Court finds no credible evidence of a history or pattern of physical or sexual abuse directed against the other parent, a spouse, or a child.
☐ The Court finds credible evidence of family violence by [________________________________]. The presumption favoring JMC is rebutted. The Court ORDERS the following restrictions on possession and access: [________________________________]

ARTICLE IV — MODIFIED RIGHTS AND DUTIES

4.1 Exclusive Right to Designate Primary Residence

[________________________________] shall have the exclusive right to designate the primary residence of the child(ren).

Geographic Restriction: The primary residence of the child(ren) shall be within:

☐ [________________________________] County and contiguous counties
☐ The State of Texas
☐ No geographic restriction
☐ Other: [________________________________]

Prior Restriction in Prior Order: [________________________________]
Reason for Change (if any): [________________________________]

4.2 Exclusive Rights Allocated to [________________________________] (Conservator A)

☐ The right to consent to medical, dental, and surgical treatment involving invasive procedures
☐ The right to consent to psychiatric and psychological treatment
☐ The right to make decisions regarding the child's education
☐ The right to consent to marriage and enlistment in the armed forces
☐ The right to represent the child in legal actions and make governmental decisions
☐ The right to receive and give receipt for child support payments and to hold or disburse funds for the benefit of the child
☐ The right to manage the estate of the child (except as provided by Tex. Estates Code)

4.3 Exclusive Rights Allocated to [________________________________] (Conservator B)

☐ [List any exclusive rights allocated to Conservator B]
☐ None — all exclusive rights allocated to Conservator A above

4.4 Rights Exercised Independently by Either Conservator

Each conservator, during periods of possession, shall have the following rights (Tex. Fam. Code § 153.073):

• The right to direct the moral and religious training of the child
• The right to consent to emergency medical, dental, and surgical treatment involving immediate danger to the health and safety of the child
• The right to the services and earnings of the child
• The right to authorize the child to obtain a learner's permit, driver's license, or state-issued identification card
• Access to medical, dental, psychological, and educational records of the child
• The right to consult with a physician, dentist, or psychologist of the child
• The right to consult with school officials regarding the child's welfare and educational status
• The right to attend school activities and to be listed as an emergency contact
• The right to consent to medical, dental, and surgical treatment during an emergency involving immediate danger to the health and safety of the child
• The right to manage the estate of the child to the extent the estate has been created by the conservator or the conservator's family

4.5 Joint Decision-Making Rights (If JMC)

The following decisions require the written agreement of both Joint Managing Conservators:

☐ Consent to invasive elective medical procedures
☐ Enrollment in or withdrawal from private school
☐ Beginning or ending psychiatric or psychological treatment
☐ Extracurricular activities that substantially interfere with the other conservator's possession time
☐ Other: [________________________________]

ARTICLE V — MODIFIED POSSESSION AND ACCESS

5.1 Possession Order

The Court ORDERS the following modification to the possession schedule:

☐ Texas Standard Possession Order (SPO) — The possessory conservator or non-primary conservator shall have possession of the child(ren) in accordance with the Texas Standard Possession Order as set forth in Tex. Fam. Code §§ 153.3101–153.317.

☐ Expanded Standard Possession Order — The possessory conservator shall have possession under the SPO with the alternative beginning and ending times described in Tex. Fam. Code § 153.317.

☐ Modified Standard Possession Order — The SPO is modified as specifically described in Section 5.2 below.

☐ Custom Possession Schedule — The parties agree to the possession schedule described in Section 5.3 below in lieu of the SPO.

5.2 Standard Possession Order Details

Distance Between Residences:
☐ Parents reside 100 miles or less apart — Tex. Fam. Code § 153.312 applies.
☐ Parents reside more than 100 miles apart — Tex. Fam. Code § 153.313 applies.

For Parents Residing 100 Miles or Less Apart (§ 153.312):

The possessory conservator shall have possession of the child(ren):

Weekends: On the first, third, and fifth weekends of each month beginning at:
☐ 6:00 p.m. on Friday and ending at 6:00 p.m. on Sunday (standard)
☐ The time school is dismissed on Friday and ending at the time school resumes on the following Monday (expanded, per § 153.317)

Thursdays: Every Thursday during the regular school term beginning at:
☐ 6:00 p.m. and ending at 8:00 p.m. (standard)
☐ The time school is dismissed and ending at the time school resumes on Friday (expanded, per § 153.317)

Spring Vacation: Every year beginning at:
☐ 6:00 p.m. on the day school is dismissed and ending at 6:00 p.m. on the day before school resumes (standard)
☐ The time school is dismissed and ending at the time school resumes (expanded)

Extended Summer Possession: For 30 days, with the possessory conservator providing written notice to the primary conservator by April 1 of each year, or a default period of July 1 through July 31 shall apply.

For Parents Residing More Than 100 Miles Apart (§ 153.313):

☐ One weekend per month (at the election of the possessory conservator on 14 days' written notice)
☐ Extended summer possession of 42 days
☐ Spring vacation in even-numbered years or odd-numbered years: [____]
☐ Thanksgiving in odd-numbered years or even-numbered years: [____]
☐ Winter break: first or second half as specified in § 153.314

5.3 Custom Possession Schedule (If Applicable)

[________________________________]
[________________________________]
[________________________________]

5.4 Holiday Possession (Tex. Fam. Code § 153.314)

Holiday possession supersedes the regular possession schedule:

5.5 General Terms and Conditions (Tex. Fam. Code § 153.316)

The following general terms apply to all periods of possession:

1. Surrender of Child: Each conservator shall surrender the child to the other conservator at the beginning of each period of possession at the residence of the conservator relinquishing possession. If the child is in the care of a third party, the conservator entitled to possession shall pick up the child from the third party.

2. Return of Child: The conservator exercising possession shall return the child to the conservator entitled to the next period of possession at that conservator's residence at the end of the period of possession.

3. Surrender of Child by Third Party: If the child is in the care of a third party at the time of the beginning of a period of possession, the third party shall surrender the child to the conservator entitled to possession.

4. Pick Up and Return Location: ☐ As stated above (each conservator's residence) ☐ Modified: [________________________________]

5. Personal Effects and Clothing: The child shall be released with sufficient clothing for the period of possession and any personal effects (medications, eyeglasses, school supplies, etc.).

6. Child Not Available at Time of Possession: If a conservator's period of possession coincides with a school event, extracurricular activity, or other reasonable scheduling conflict, the conservators shall cooperate to adjust the schedule in the child's best interest.

5.6 Supervised Possession (If Applicable)

☐ Not applicable.
☐ [________________________________] shall have supervised possession under the following terms:

Supervisor: [________________________________]
Location: [________________________________]
Frequency: [________________________________]
Duration: [________________________________]
Cost responsibility: [________________________________]
Conditions for transition to unsupervised: [________________________________]

5.7 Right of First Refusal

☐ Not applicable.
☐ If a conservator will be absent from the child(ren) for more than [____] consecutive hours during that conservator's period of possession, that conservator shall first offer the other conservator the opportunity to care for the child(ren) before using a non-relative babysitter or childcare provider.

ARTICLE VI — CHILD INTERVIEW AND PREFERENCE (TEX. FAM. CODE § 153.009)

☐ Not applicable — No child is 12 years of age or older.
☐ The Court interviewed [________________________________], age [____], in chambers on [__/__/____]. The Court has considered the child's stated wishes as one factor among the totality of circumstances. The child's preference:
☐ Is consistent with this agreed order.
☐ Has been considered but other best-interest factors weigh in favor of this order.

ARTICLE VII — HOLLEY BEST-INTEREST FACTORS

The Court has considered the following non-exclusive factors articulated in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and finds this modification to be in the best interest of the child(ren):

1. Desires of the child — [________________________________]
2. Emotional and physical needs of the child now and in the future — [________________________________]
3. Emotional and physical danger to the child now and in the future — [________________________________]
4. Parental abilities of the individuals seeking conservatorship — [________________________________]
5. Programs available to assist the individuals seeking conservatorship — [________________________________]
6. Plans for the child by the individuals seeking conservatorship — [________________________________]
7. Stability of the home or proposed placement — [________________________________]
8. Acts or omissions of the parent indicating the existing parent-child relationship is improper — [________________________________]
9. Any excuse for the acts or omissions of the parent — [________________________________]

ARTICLE VIII — MEDIATION AND DISPUTE RESOLUTION

8.1 Mediation Requirement (Tex. Fam. Code § 153.0071)

☐ The parties participated in mediation before reaching this agreement. This agreement was reached through mediation on [__/__/____] and is binding on the parties per Tex. Fam. Code § 153.0071(d).
☐ The parties reached this agreement without mediation.

8.2 Future Dispute Resolution

Before filing any future motion to modify or enforce, the parties shall:

1. Attempt good-faith direct communication regarding the dispute.
2. If direct communication fails, participate in mediation with a qualified mediator at a cost shared ☐ equally ☐ proportionally: [____]% / [____]%.
3. If mediation fails, either party may seek relief from this Court.

Exception: This mediation requirement does not apply when a party seeks emergency relief under Tex. Fam. Code § 105.001 to protect the child from immediate danger, or when a party alleges family violence under Tex. Fam. Code § 153.0071(f).

ARTICLE IX — ADDITIONAL PROVISIONS

9.1 Geographic Restriction Notice

If the conservator with the exclusive right to designate the child's primary residence intends to relocate outside the geographic restriction, that conservator shall provide written notice to the other conservator at least 60 days before the proposed relocation and must seek either the written agreement of the other conservator or an order from this Court authorizing the change.

9.2 Passport and International Travel

☐ Neither party shall apply for a passport for the child(ren) without the written consent of the other party or a court order.
☐ International travel requires 30 days' advance written notice and a detailed itinerary to the non-traveling conservator.

9.3 Communication with Child

Each conservator shall facilitate reasonable telephone, video, and electronic communication between the child(ren) and the other conservator. Neither conservator shall monitor, record, or interfere with such communication.

9.4 Non-Disparagement

Neither conservator shall make disparaging or derogatory remarks about the other conservator, the other conservator's family members, or the other conservator's significant other in the presence or within the hearing of the child(ren).

9.5 Substance Use Restriction

Neither conservator shall consume alcohol to the point of intoxication or use any illegal controlled substance during periods of possession or within 12 hours before the beginning of a period of possession.

9.6 Firearms Safety

All firearms in any home where the child(ren) reside(s) or visit(s) shall be maintained in a locked container, unloaded, with ammunition stored separately and inaccessible to the child(ren), consistent with Texas law.

9.7 Child Support Modification

☐ Child support provisions are not modified in this order. The Prior Order's child support provisions remain in effect.
☐ Child support is modified by separate agreed order or pursuant to Tex. Fam. Code § 156.401.

9.8 Health Insurance and Medical Support

☐ No change from the Prior Order.
☐ [________________________________] shall maintain health insurance for the child(ren) and provide documentation of coverage to the other conservator within 30 days of any change.

Unreimbursed medical expenses shall be divided:
☐ Equally (50/50)
☐ Proportionally based on income: [____]% / [____]%
☐ Other: [________________________________]

ARTICLE X — PROVISIONS OF PRIOR ORDER NOT MODIFIED

All provisions of the Prior Order not expressly modified by this Agreed Order remain in full force and effect.

ARTICLE XI — WARNINGS AND STATUTORY NOTICES

IT IS ORDERED that the parties are given the following warnings and notices:

Failure to comply with this order may result in contempt of court proceedings, including fine and/or imprisonment. (Tex. Fam. Code § 157.001 et seq.)

Denial of possession of or access to a child by the conservator entitled to possession is punishable by contempt. A conservator may not refuse to allow possession because of a failure to pay child support.

Failure to pay child support does not justify denial of possession or access. A possessory conservator may not refuse to return a child because of a failure to receive child support.

ARTICLE XII — EXECUTION AND APPROVAL

12.1 Signatures of the Parties

The undersigned parties represent that this agreement is entered into voluntarily, without coercion or duress, and with full knowledge of its terms and consequences.

Conservator A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Conservator B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

12.2 Approval of Attorneys

☐ Approved as to form and substance:

Attorney for Movant:

Signature: _________________________________
Printed Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

Attorney for Respondent:

Signature: _________________________________
Printed Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

12.3 Order of the Court

The Court, having examined this Agreed Order Modifying Conservatorship, Possession, and Access, and finding that the terms are in the best interest of the child(ren) and that there has been a material and substantial change in circumstances since the rendition of the Prior Order, IT IS THEREFORE ORDERED that the Prior Order is modified in accordance with the terms set forth herein.

SIGNED this [____] day of [________________], 20[____].

_________________________________
JUDGE PRESIDING
[____] Judicial District Court (or) County Court at Law No. [____]
[________________________________] County, Texas

CHECKLIST FOR FILING — TEXAS MODIFICATION OF CONSERVATORSHIP

☐ Original Petition / Motion to Modify (or Counter-Petition) filed with the District Clerk
☐ Filing fee paid (or fee waiver obtained)
☐ Citation served on Respondent (or waiver of service filed)
☐ Compliance with Tex. Fam. Code § 156.102 affidavit requirements (if filed within one year of prior order)
☐ Mediation completed (if required by prior order or local rules)
☐ Standing Order compliance verified (many TX counties issue automatic standing orders upon filing)
☐ Child interview conducted in chambers (if child is 12+ and requests it)
☐ Income information exchanged (if child support modification also sought)
☐ Proposed order reviewed by both attorneys and parties
☐ Order submitted to Court Coordinator for setting or approval

Sources and References

• Tex. Fam. Code Chapter 153 — Conservatorship, Possession, and Access: statutes.capitol.texas.gov
• Tex. Fam. Code Chapter 156 — Modification: statutes.capitol.texas.gov
• Tex. Fam. Code § 153.009 — Interview of Child in Chambers
• Tex. Fam. Code § 153.0071 — Alternate Dispute Resolution Procedures
• Tex. Fam. Code § 105.001 — Temporary Orders Before Final Order
• Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) — Best Interest Factors
• Texas Law Help — Material and Substantial Changes in Circumstances: texaslawhelp.org