Texas Joint Managing Conservatorship Agreement

AGREED ORDER APPOINTING JOINT MANAGING CONSERVATORS

And Establishing 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 — APPEARANCES AND FINDINGS

1.1 Appearances

On [__/__/____], the following appeared before the Court:

Petitioner: [________________________________]
☐ In person ☐ Through attorney of record: [________________________________], State Bar No. [________________________________]

Respondent: [________________________________]
☐ In person ☐ Through attorney of record: [________________________________], State Bar No. [________________________________]

☐ Amicus Attorney appointed: [________________________________]
☐ Attorney Ad Litem for child(ren) appointed: [________________________________]
☐ Guardian Ad Litem appointed: [________________________________]

1.2 Jurisdictional Findings

The Court finds:

• This Court has jurisdiction over the subject matter and the parties.
• All persons entitled to citation have been duly served or have waived service.
• The child(ren) subject to this suit have been domiciled in Texas for at least six months (or since birth, if under six months) preceding the filing of this suit, satisfying the requirements of Tex. Fam. Code § 152.201 (UCCJEA).
• No other court has continuing exclusive jurisdiction over this matter.

1.3 Children Subject to This Order

1.4 Best Interest Finding

The Court finds that this Agreed Order is in the best interest of the child(ren), having considered the factors set forth in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), including:

1. The desires of the child(ren)
2. The emotional and physical needs of the child(ren) now and in the future
3. The emotional and physical danger to the child(ren) now and in the future
4. The parental abilities of the individuals seeking conservatorship
5. The programs available to assist the individuals seeking conservatorship to promote the best interest of the child(ren)
6. The plans for the child(ren) by the individuals seeking conservatorship
7. The stability of the home or proposed placement
8. The acts or omissions of the parent that may indicate the existing parent-child relationship is not a proper one
9. Any excuse for the acts or omissions of the parent

ARTICLE II — APPOINTMENT OF JOINT MANAGING CONSERVATORS

2.1 Joint Managing Conservatorship

IT IS ORDERED that [________________________________] ("Parent A") and [________________________________] ("Parent B") are appointed Joint Managing Conservators of the child(ren).

This appointment is consistent with the rebuttable presumption under Tex. Fam. Code § 153.131(b) that the appointment of the parents as Joint Managing Conservators is in the best interest of the child.

2.2 Domestic Violence Screening (Tex. Fam. Code § 153.004)

The Court finds:

☐ No credible evidence of a history or pattern of past or present child neglect, or physical or sexual abuse by either parent directed against the other parent, a spouse, or a child has been presented to the Court. The presumption favoring Joint Managing Conservatorship has not been rebutted.

☐ Evidence of family violence has been presented. The Court has considered this evidence and finds that the appointment of both parents as Joint Managing Conservators remains in the best interest of the child(ren) with the following safeguards: [________________________________]

2.3 Primary Residence Designation

IT IS ORDERED that [________________________________] ("Primary Conservator") shall have the exclusive right to designate the primary residence of the child(ren).

Geographic Restriction:

IT IS ORDERED that the primary residence of the child(ren) shall be within:

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

Practice Note: Under Tex. Fam. Code § 153.134(b)(1), when the Court appoints JMC, it must either establish a geographic area for the child's primary residence or specify that the conservator with the exclusive right to designate primary residence may do so without regard to geographic location.

ARTICLE III — ALLOCATION OF RIGHTS AND DUTIES

3.1 Rights at All Times — Both Parents (Tex. Fam. Code § 153.073)

IT IS ORDERED that each parent shall have the following rights at all times:

1. The right to receive information from any other conservator concerning the health, education, and welfare of the child
2. The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child
3. The right of access to medical, dental, psychological, and educational records of the child
4. The right to consult with a physician, dentist, or psychologist of the child
5. The right to consult with school officials concerning the child's welfare and educational status, including school activities
6. The right to attend school activities, including school lunches, performances, field trips, and graduation
7. The right to be designated on the child's records as a person to be notified in case of an emergency
8. The right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child
9. The right to manage the estate of the child to the extent the estate has been created by the parent or the parent's family
10. The right to direct the moral and religious training of the child during periods of possession

3.2 Exclusive Rights — Parent A: [________________________________]

IT IS ORDERED that the following rights shall be exercised exclusively by Parent A:

☐ The exclusive right to designate the primary residence of the child(ren) within the geographic area ordered above
☐ The exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures
☐ The exclusive right to consent to psychiatric and psychological treatment of the child
☐ The exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child
☐ The exclusive right to represent the child in legal actions and to make other decisions of substantial legal significance concerning the child
☐ The exclusive right to consent to marriage and to enlistment in the armed forces of the United States
☐ The exclusive right to make decisions concerning the child's education
☐ The exclusive right to manage the estate of the child (except as provided by the Tex. Estates Code)
☐ Other: [________________________________]

3.3 Exclusive Rights — Parent B: [________________________________]

IT IS ORDERED that the following rights shall be exercised exclusively by Parent B:

☐ [________________________________]
☐ [________________________________]
☐ No exclusive rights beyond the rights at all times in Section 3.1

3.4 Independent Rights During Periods of Possession

IT IS ORDERED that each parent shall have the following rights and duties during that parent's period of possession:

• The duty of care, control, protection, and reasonable discipline of the child
• The duty to support the child, including providing the child with clothing, food, and shelter
• The duty, subject to the rights of the other parent, to provide the child's educational needs
• The right to consent to medical and dental care not involving an invasive procedure
• The right to direct the moral and religious training of the child

3.5 Joint Decision-Making Provisions

IT IS ORDERED that the following decisions require the agreement of both Joint Managing Conservators:

☐ Consent to elective invasive medical procedures
☐ Enrollment in or change of school (public, private, or home school)
☐ Beginning or ending psychiatric, psychological, or counseling treatment
☐ Participation in extracurricular activities or programs that require a financial commitment exceeding $[________________________________] per activity or that substantially affect the other conservator's periods of possession
☐ Obtaining a passport for the child
☐ Application for the child's driver's license
☐ Other: [________________________________]

Decision-Making Impasse: If the Joint Managing Conservators cannot reach agreement after good-faith efforts:

1. The parents shall submit the dispute to mediation per Article VII.
2. If mediation is unsuccessful, either parent may petition this Court for a determination.
3. Pending resolution, the status quo shall be maintained.

ARTICLE IV — POSSESSION AND ACCESS

4.1 Standard Possession Order

IT IS ORDERED that the parties shall comply with the Texas Standard Possession Order as codified in Tex. Fam. Code §§ 153.3101 through 153.317.

Under Tex. Fam. Code § 153.3101, the Standard Possession Order is presumed to be in the best interest of a child who is three years of age or older.

4.2 Possession Schedule Election

Distance Between Parents' 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

Alternative Times Election (Tex. Fam. Code § 153.317):

☐ Standard beginning and ending times (6:00 p.m. Friday to 6:00 p.m. Sunday, etc.)
☐ Expanded / alternative beginning and ending times (school dismissal to school resumption) — elected by ☐ Parent A ☐ Parent B

4.3 Regular Possession — Parents Residing 100 Miles or Less Apart (§ 153.312)

Non-Primary Conservator ("NPC") shall have possession:

A. Weekends (1st, 3rd, and 5th Weekends of Each Month):

B. Thursday Evenings (Each Week During Regular School Term):

C. Spring Vacation (Every Year):

D. Extended Summer Possession (30 Days):

NPC shall give Primary Conservator written notice by April 1 specifying the 30-day summer period. If NPC fails to give timely notice, the default period is July 1 through July 31.

Primary Conservator may designate one weekend during NPC's extended summer possession by giving notice by April 15.

E. Summer Weekend Possession:

During the summer, when the child is not in the NPC's extended summer possession, NPC continues to have possession on the 1st, 3rd, and 5th weekends.

4.4 Regular Possession — Parents Residing More Than 100 Miles Apart (§ 153.313)

(Complete this section only if parents reside more than 100 miles apart)

NPC shall have possession:

☐ One weekend per month (NPC's choice, with 14 days' written notice to Primary Conservator)
☐ Extended summer possession of 42 days, with notice by April 1
☐ Spring vacation in ☐ even / ☐ odd years
☐ Thanksgiving in ☐ odd / ☐ even years — Wednesday 6:00 p.m. to Sunday 6:00 p.m.
☐ Christmas vacation — first or second half in alternating years (see § 153.314)

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

IT IS ORDERED that holiday possession shall supersede the regular schedule:

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

IT IS ORDERED:

1. Surrender and Pick-Up: Each conservator shall surrender the child to the other at the beginning of each period of possession at the residence of the conservator relinquishing possession.

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

3. Personal Effects: The child shall be released with sufficient clothing, school supplies, medication, and personal effects for the period of possession.

4. Designated Competent Adult: A conservator may designate a competent adult to pick up or return the child on the conservator's behalf, provided 24 hours' advance notice is given.

5. Exchange Location:
   ☐ At each conservator's residence as described above
   ☐ At a neutral location: [________________________________]
   ☐ At the child's school (for school-to-school transitions)

4.7 Supervised Possession (If Applicable)

☐ Not applicable — both parents shall have unsupervised possession.
☐ [________________________________] shall have supervised possession under the following conditions:

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

4.8 Right of First Refusal

☐ Not applicable.
☐ IT IS ORDERED that if either conservator plans to be away from the child 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 before arranging third-party childcare (excluding regular daycare or school).

ARTICLE V — CHILD'S PREFERENCE (TEX. FAM. CODE § 153.009)

☐ No child subject to this order is 12 years of age or older.
☐ The Court has interviewed [________________________________], age [____], in chambers and has considered the child's wishes as to conservatorship and the person to have the exclusive right to designate the child's primary residence. The Court has weighed the child's preference along with all other best-interest factors.

ARTICLE VI — ADDITIONAL PROVISIONS

6.1 Communication Between Parents

Parents shall communicate regarding the child(ren) through:
☐ A co-parenting communication application (e.g., OurFamilyWizard, TalkingParents)
☐ Email at the addresses listed in this order
☐ Other: [________________________________]

6.2 Communication with Child

The non-possessing parent shall have reasonable telephone and video communication with the child(ren) at reasonable hours. The possessing parent shall not monitor, record, or interfere with such communications.

6.3 Non-Disparagement

IT IS ORDERED that neither parent shall speak disparagingly of the other parent, the other parent's family members, or the other parent's significant other in the presence or hearing of the child(ren), nor permit others to do so.

6.4 Social Media

Neither parent shall post photographs or information about the child(ren) on social media that reveals the child's location, school, or daily routine in a manner that could compromise the child's safety. Neither parent shall post disparaging remarks about the other parent on social media.

6.5 Information and Record Access

Both parents shall have full and equal access to all medical, dental, psychological, educational, and extracurricular records of the child(ren). Each parent shall sign all releases and authorizations necessary to effectuate this provision. Schools, medical providers, and other entities shall provide duplicate copies of records, reports, and communications to each parent upon request.

6.6 Relocation Notice

IT IS ORDERED that each parent shall provide written notice to the other parent at least 60 days prior to any intended change of residence, including the new address and any impact on the child's school enrollment or the existing possession schedule.

6.7 Substance Use Restriction

IT IS ORDERED that neither parent 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.

6.8 Firearms Safety

IT IS ORDERED that all firearms in any home where the child(ren) reside(s) or visit(s) shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

6.9 Passport Restriction

☐ IT IS ORDERED that neither parent shall apply for a passport for the child(ren) without the written consent of the other parent or a court order.
☐ Not applicable.

ARTICLE VII — DISPUTE RESOLUTION (TEX. FAM. CODE § 153.0071)

7.1 Mediation Before Litigation

IT IS ORDERED that before filing any motion to modify or enforce this order, the parties shall participate in mediation with a qualified family mediator, except:

• In an emergency requiring immediate court intervention (Tex. Fam. Code § 105.001)
• When a party objects to mediation based on family violence (Tex. Fam. Code § 153.0071(f))

7.2 Cost of Mediation

Mediation costs shall be shared:
☐ Equally
☐ Proportionally based on income: [____]% / [____]%
☐ Other: [________________________________]

7.3 Binding Effect of Mediated Agreement

Per Tex. Fam. Code § 153.0071(d), a mediated settlement agreement is binding if it contains a prominently displayed statement that it is not subject to revocation, is signed by each party, and is signed by each party's attorney who is present at the time of signing.

ARTICLE VIII — FINANCIAL PROVISIONS

8.1 Health Insurance

IT IS ORDERED that [________________________________] shall maintain health insurance for the child(ren) and shall provide insurance cards and proof of coverage to the other parent within 30 days of any change in coverage.

8.2 Unreimbursed Medical Expenses

IT IS ORDERED that unreimbursed medical, dental, orthodontic, optical, psychiatric, psychological, and prescription expenses shall be divided:

☐ Equally (50/50)
☐ Proportionally: Parent A [____]% / Parent B [____]%

The parent who incurs the expense shall provide documentation within 30 days. Reimbursement shall be made within 30 days of receiving documentation.

8.3 Child Support

☐ Child support is addressed in a separate order.
☐ Child support is addressed in the divorce decree.
☐ No child support is ordered at this time.

ARTICLE IX — STATUTORY WARNINGS

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

1. Failure to obey a court order may result in a finding of contempt of court, which may be punishable by confinement in jail for up to six months and a fine of up to $500 for each violation. (Tex. Fam. Code § 157.166)

2. A conservator who has possession of a child commits an offense if the conservator intentionally or knowingly takes or retains the child in violation of a court order. (Tex. Penal Code § 25.03 — Interference with Child Custody)

3. Failure to pay child support does not justify denying possession. A conservator may not withhold the child because the other conservator has not paid child support.

4. Failure to allow possession does not justify withholding child support. A conservator may not refuse to pay child support because the other conservator has denied possession or access.

ARTICLE X — EXECUTION AND ORDER

10.1 Agreement of the Parties

The undersigned parties represent that this agreement has been entered into voluntarily and knowingly, without coercion or duress, and that neither party repudiates this agreement, as required by Tex. Fam. Code § 153.133(a)(4).

Parent A:

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

Parent B:

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

10.2 Approval of Counsel

Approved as to form and substance:

Attorney for Petitioner:

Signature: _________________________________
Printed Name: [________________________________]
State Bar No.: [________________________________]

Attorney for Respondent:

Signature: _________________________________
Printed Name: [________________________________]
State Bar No.: [________________________________]

10.3 Order of the Court

The Court, having reviewed this Agreed Order and finding that it is in the best interest of the child(ren), that it was voluntarily and knowingly made by each parent, and that it is not repudiated by either parent:

IT IS ORDERED that [________________________________] and [________________________________] are appointed Joint Managing Conservators of the child(ren) subject to this order, with the rights, duties, and possession schedule as set forth herein.

All relief not expressly granted herein is denied.

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

_________________________________
JUDGE PRESIDING
[________________________________] County, Texas

CHECKLIST FOR FILING — TEXAS JOINT MANAGING CONSERVATORSHIP

☐ Original Petition (SAPCR) or Petition for Divorce filed with the District Clerk
☐ Filing fee paid or Statement of Inability to Afford Payment filed (Tex. R. Civ. P. 145)
☐ Service of process completed or Waiver of Service filed
☐ County standing order acknowledged (applicable in Harris, Dallas, Tarrant, Bexar, Travis, and other counties)
☐ Parenting education course completed (required in many TX counties)
☐ Mediation completed (if required by local rule)
☐ UCCJEA affidavit filed (Tex. Fam. Code § 152.209)
☐ Financial information exchanged (if child support at issue)
☐ Proposed agreed order prepared and reviewed by all parties and counsel
☐ Order submitted to Court Coordinator for setting

Sources and References

• Tex. Fam. Code Chapter 153 — Conservatorship, Possession, and Access: statutes.capitol.texas.gov
• Tex. Fam. Code § 153.131 — Presumption for Joint Managing Conservators: FindLaw
• Tex. Fam. Code § 153.133 — Agreed Parenting Plan for JMC
• Tex. Fam. Code § 153.134 — Court-Ordered Joint Conservatorship
• Tex. Fam. Code §§ 153.3101–153.317 — Standard Possession Order
• Tex. Fam. Code § 153.004 — Domestic Violence Consideration
• Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) — Best Interest Factors
• Tex. Penal Code § 25.03 — Interference with Child Custody