Texas Sole Managing Conservatorship Order

ORDER APPOINTING SOLE MANAGING CONSERVATOR AND POSSESSORY CONSERVATOR

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

IMPORTANT: Under Texas law, there is a rebuttable presumption that the appointment of parents as Joint Managing Conservators is in the best interest of the child (Tex. Fam. Code § 153.131(b)). A Sole Managing Conservator appointment requires the Court to find that the JMC presumption has been rebutted. This typically occurs when there is evidence of family violence (§ 153.004), substance abuse, neglect, imprisonment, abandonment, or other circumstances demonstrating that JMC would significantly impair the child's physical health or emotional development.

ARTICLE I — APPEARANCES AND FINDINGS

1.1 Appearances

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

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

Respondent: [________________________________]
☐ In person ☐ Through attorney: [________________________________], State Bar No. [________________________________]
☐ Failed to appear — default judgment entered after proper service

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

1.2 Jurisdictional Findings

The Court finds:

• This Court has jurisdiction over the subject matter and parties.
• All persons entitled to citation have been duly served or have waived service, or service requirements have been otherwise satisfied.
• The child(ren) have been domiciled in Texas for at least six months (or since birth) preceding the filing of this suit (Tex. Fam. Code § 152.201 — UCCJEA).
• This Court has continuing exclusive jurisdiction (Tex. Fam. Code § 155.001).

1.3 Children Subject to This Order

ARTICLE II — REBUTTAL OF JOINT MANAGING CONSERVATORSHIP PRESUMPTION

2.1 Basis for Sole Managing Conservatorship

The Court finds that the presumption under Tex. Fam. Code § 153.131(b) favoring Joint Managing Conservatorship has been rebutted based on the following:

☐ (a) Family Violence (Tex. Fam. Code § 153.004): The Court finds credible evidence of a history or pattern of physical abuse or sexual abuse by [________________________________] directed against:
☐ The other parent
☐ A spouse
☐ A child
☐ Any person younger than 18 years of age
committed during the two-year period preceding the filing of this suit or during the pendency of this suit. Per § 153.004(b), this finding removes the JMC presumption.

☐ (b) Significant Impairment (Tex. Fam. Code § 153.131(a)): Appointment of both parents as JMC would significantly impair the child's physical health or emotional development due to:
☐ Substance abuse by [________________________________]
☐ Mental health condition of [________________________________] that impairs parenting capacity
☐ Incarceration of [________________________________]
☐ Abandonment or prolonged absence by [________________________________]
☐ Child neglect by [________________________________]
☐ Other: [________________________________]

☐ (c) Voluntary Relinquishment: [________________________________] has voluntarily relinquished primary care and possession of the child for more than six months.

☐ (d) Agreed by Parties: Both parents agree to a Sole Managing Conservatorship appointment as being in the child(ren)'s best interest.

2.2 Holley Best-Interest Analysis

The Court has considered the factors in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976):

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: [________________________________]
6. Plans for the child by the individuals seeking conservatorship: [________________________________]
7. Stability of the home or proposed placement: [________________________________]
8. Acts or omissions indicating the existing parent-child relationship is not proper: [________________________________]
9. Any excuse for the acts or omissions: [________________________________]

2.3 Child's Preference (Tex. Fam. Code § 153.009)

☐ No child is 12 years of age or older.
☐ The child, [________________________________], age [____], was interviewed by the Court in chambers on [__/__/____]. The Court has considered the child's stated wishes.
☐ The child has filed a written statement of preference with the Court.

ARTICLE III — APPOINTMENT OF CONSERVATORS

3.1 Sole Managing Conservator

IT IS ORDERED that [________________________________] is appointed Sole Managing Conservator of the child(ren).

3.2 Possessory Conservator

IT IS ORDERED that [________________________________] is appointed Possessory Conservator of the child(ren).

☐ Alternative — No Possessory Conservator Appointed: The Court finds that appointment of [________________________________] as Possessory Conservator is not in the best interest of the child or would endanger the child's physical or emotional welfare. [________________________________] is not appointed as a conservator. Access, if any, shall be as specified in Article V.

ARTICLE IV — RIGHTS AND DUTIES OF THE SOLE MANAGING CONSERVATOR

4.1 Exclusive Rights (Tex. Fam. Code § 153.132)

IT IS ORDERED that [________________________________], as Sole Managing Conservator, shall have the following exclusive rights:

1. The right to designate the primary residence of the child without regard to geographic restriction, unless otherwise ordered below
2. The right to consent to medical, dental, and surgical treatment involving invasive procedures
3. The right to consent to psychiatric and psychological treatment of the child
4. The 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
5. The right to represent the child in legal actions and to make other decisions of substantial legal significance concerning the child
6. The right to consent to marriage and to enlistment in the armed forces of the United States
7. The right to make decisions concerning the child's education
8. The right to the services and earnings of the child
9. Except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government
10. The right to manage the estate of the child (except as limited by Tex. Estates Code)

4.2 Geographic Restriction (If Applicable)

☐ No geographic restriction. The Sole Managing Conservator may determine the child's residence without geographic limitation.
☐ Geographic restriction imposed. The primary residence of the child(ren) shall be maintained within [________________________________] County, Texas, and counties contiguous thereto.
☐ Other restriction: [________________________________]

4.3 Duty to Inform

The Sole Managing Conservator shall:

• Inform the Possessory Conservator of significant medical, educational, and welfare developments concerning the child(ren) within a reasonable time
• Provide the Possessory Conservator with updated contact information (address, phone, email) within 7 days of any change
• Notify the Possessory Conservator of any change of residence at least 60 days in advance

ARTICLE V — RIGHTS AND POSSESSION OF THE POSSESSORY CONSERVATOR

5.1 Rights at All Times (Tex. Fam. Code § 153.073)

IT IS ORDERED that the Possessory Conservator shall have the following rights at all times:

1. The right to receive information from the Sole Managing Conservator concerning the health, education, and welfare of the child
2. The right to confer with the other parent to the extent possible before 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
6. The right to attend school activities, including school lunches, performances, and graduation
7. The right to be designated as an emergency contact on the child's records
8. The right to consent to medical, dental, and surgical treatment during an emergency involving immediate danger to the health and safety of the child

5.2 Minimum Possession Rights (Tex. Fam. Code § 153.193)

IT IS ORDERED that the Possessory Conservator shall have possession of the child(ren) under the terms of the Standard Possession Order (Tex. Fam. Code §§ 153.3101–153.317), unless modified below:

☐ Standard Possession Order applies without modification.
☐ Expanded Standard Possession Order (with alternative beginning and ending times per § 153.317) applies.
☐ Modified possession schedule — see Section 5.3 below.
☐ Supervised possession only — see Section 5.4 below.
☐ No possession ordered — see Section 5.5 below.

5.3 Modified Possession Schedule (If Applicable)

Regular Schedule:
[________________________________]

Summer Possession:
[________________________________]

Holiday Possession:
[________________________________]

Exchange Location: [________________________________]
Transportation Responsibility: [________________________________]

5.4 Supervised Possession (If Applicable)

IT IS ORDERED that the Possessory Conservator's possession shall be supervised as follows:

Basis for Supervision:
☐ History of family violence (Tex. Fam. Code § 153.004)
☐ History of substance abuse
☐ History of child neglect or abuse
☐ Mental health concerns affecting parenting capacity
☐ Lack of prior relationship with child requiring gradual introduction
☐ Other: [________________________________]

Terms of Supervised Possession:

Prohibited Conduct During Supervised Possession:

• The Possessory Conservator shall not consume alcohol or controlled substances before or during the visit
• The Possessory Conservator shall not make disparaging remarks about the Sole Managing Conservator
• The Possessory Conservator shall not discuss the litigation or court proceedings with the child
• The Possessory Conservator shall not leave the presence of the supervisor with the child

Conditions for Transition to Unsupervised Possession:
☐ Completion of a parenting education course
☐ Completion of a substance abuse treatment program and [____] months of verified sobriety
☐ Completion of a batterers' intervention program (Tex. Fam. Code § 153.004(d))
☐ Completion of [____] hours of individual counseling addressing [________________________________]
☐ Satisfactory progress reports from the supervisor for at least [____] consecutive visits
☐ Psychological evaluation with favorable recommendation
☐ Further order of this Court after a hearing on a motion to modify
☐ Other: [________________________________]

5.5 No Possession Ordered (If Applicable)

IT IS ORDERED that the Possessory Conservator shall have no possession of or access to the child(ren) based on the following finding:

☐ The Court finds by a preponderance of the evidence that there is a history or pattern of committing family violence during the two years preceding the filing of this suit or during the pendency of the suit, and that possession or access would endanger the physical or emotional welfare of the child (Tex. Fam. Code § 153.004(c)).

☐ The Court finds that possession or access by [________________________________] would endanger the physical or emotional welfare of the child(ren) because: [________________________________]

Review Date: This restriction shall be reviewed by the Court on or before [__/__/____], or upon the filing of a Motion to Modify demonstrating changed circumstances (Tex. Fam. Code § 156.101).

ARTICLE VI — HOLIDAY POSSESSION SCHEDULE (IF UNSUPERVISED)

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

ARTICLE VII — GENERAL TERMS AND CONDITIONS

7.1 Surrender and Return (Tex. Fam. Code § 153.316)

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. The conservator exercising possession shall return the child to the Sole Managing Conservator's residence at the end of the period.

7.2 Non-Disparagement

IT IS ORDERED that neither conservator shall speak disparagingly about the other conservator, the other conservator's family, or the other conservator's significant other in the presence or hearing of the child(ren).

7.3 Substance Use

IT IS ORDERED that 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.

7.4 Firearms Safety

IT IS ORDERED that all firearms shall be stored unloaded in a locked container with ammunition stored separately and inaccessible to the child(ren).

7.5 Communication with Child

The Sole Managing Conservator shall facilitate reasonable telephone and video communication between the Possessory Conservator and the child(ren) at reasonable times. The Sole Managing Conservator shall not monitor, record, or interfere with such communication.

7.6 Relocation Notice

IT IS ORDERED that each conservator shall provide written notice to the other conservator at least 60 days before a proposed change of residence. The Sole Managing Conservator shall provide the new address, the effective date of the move, and the impact on the child's school enrollment.

7.7 Passport and International Travel

☐ IT IS ORDERED that neither conservator shall apply for a passport for the child(ren) without the written consent of the other conservator or a court order.
☐ IT IS ORDERED that the Possessory Conservator shall not remove the child(ren) from the State of Texas without the written consent of the Sole Managing Conservator or a court order.

7.8 Social Media

Neither conservator shall post photographs or information about the child(ren) on social media that could compromise the child's safety or that contains disparaging remarks about the other conservator.

ARTICLE VIII — DISPUTE RESOLUTION

8.1 Mediation (Tex. Fam. Code § 153.0071)

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
• When a party objects to mediation based on family violence (§ 153.0071(f))

8.2 Cost of Mediation

☐ Shared equally
☐ Shared proportionally: [____]% / [____]%
☐ Borne by [________________________________]

ARTICLE IX — FINANCIAL PROVISIONS

9.1 Health Insurance

IT IS ORDERED that [________________________________] shall maintain health insurance for the child(ren) as available through employment or individual policy.

9.2 Unreimbursed Medical Expenses

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

☐ Equally (50/50)
☐ Proportionally: SMC [____]% / PC [____]%
☐ Borne entirely by [________________________________]

9.3 Child Support

☐ Child support is addressed in a separate order or the divorce decree.
☐ Child support provisions are included in this order as follows: [________________________________]

ARTICLE X — STATUTORY WARNINGS

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

1. Failure to obey a court order for child custody or visitation may result in further litigation to enforce the order, including contempt of court. A finding of contempt 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 person who takes or retains a child in violation of a court order commits an offense under Tex. Penal Code § 25.03 (Interference with Child Custody), which is a state jail felony.

3. Failure to pay child support does not justify denying possession or access. Failure to allow possession or access does not justify withholding child support.

4. If the Possessory Conservator's possession is denied, the Possessory Conservator may file a motion for enforcement under Tex. Fam. Code Chapter 157, including a request for make-up possession and attorney's fees.

ARTICLE XI — EXECUTION AND ORDER

11.1 Agreed or Contested

☐ Agreed Order: Both parties consent to this order and represent that it was entered into voluntarily, without coercion.

☐ Contested Order: This order is entered after a hearing on the merits, the Court having considered the evidence and arguments presented.

11.2 Signatures (If Agreed)

Sole Managing Conservator:

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

Possessory Conservator:

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

11.3 Approval of Counsel

Attorney for Petitioner:

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

Attorney for Respondent:

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

11.4 Order of the Court

The Court, having considered the evidence, the pleadings, and the best interest of the child(ren), and finding that the presumption favoring Joint Managing Conservatorship has been rebutted and that this order serves the best interest of the child(ren):

IT IS ORDERED that [________________________________] is appointed Sole Managing Conservator and [________________________________] is appointed Possessory Conservator of the child(ren) named herein, with the rights, duties, possession, and access as set forth in this order.

All relief not expressly granted herein is denied.

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

_________________________________
JUDGE PRESIDING
[________________________________] County, Texas

CHECKLIST FOR FILING — TEXAS SOLE 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 citation by publication if respondent's location unknown)
☐ UCCJEA affidavit filed (Tex. Fam. Code § 152.209)
☐ Standing order acknowledged (if applicable in your county)
☐ Temporary orders obtained if needed (Tex. Fam. Code § 105.001)
☐ Protective order filed if domestic violence is alleged (Tex. Fam. Code Chapter 85)
☐ Social study ordered or completed (if requested by a party or the Court — Tex. Fam. Code § 107.0501)
☐ Child interview conducted in chambers (if child is 12+ — § 153.009)
☐ Evidence prepared to rebut JMC presumption (criminal records, CPS records, police reports, medical records, witness testimony)
☐ Proposed order prepared and reviewed by counsel

Sources and References

• Tex. Fam. Code Chapter 153 — Conservatorship, Possession, and Access: statutes.capitol.texas.gov
• Tex. Fam. Code § 153.131 — Presumption for Managing Conservators: FindLaw
• Tex. Fam. Code § 153.132 — Rights of Sole Managing Conservator
• Tex. Fam. Code § 153.004 — Domestic Violence Consideration: FindLaw
• Tex. Fam. Code § 153.193 — Minimum Possession for Possessory Conservator
• Tex. Fam. Code §§ 153.3101–153.317 — Standard Possession Order
• Tex. Fam. Code § 153.009 — Interview of Child in Chambers
• Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) — Best Interest Factors
• Tex. Penal Code § 25.03 — Interference with Child Custody