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: This template assumes that one parent will be appointed Sole Managing Conservator and the other parent will be appointed Possessory Conservator or denied that appointment under Tex. Fam. Code § 153.191. It is not a nonparent-conservatorship form. Section 153.131(b) creates a rebuttable presumption favoring appointment of the parents as Joint Managing Conservators, while § 153.004 may remove that presumption or prohibit a joint appointment.

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.

If this is an initial child-custody determination, select the basis under Tex. Fam. Code § 152.201:

☐ Texas is the child's home state on commencement, or was the home state within the preceding six months while the child is absent and a parent or person acting as a parent continues to live in Texas.
☐ No other state has home-state jurisdiction, or the home-state court declined, and the child and at least one parent or person acting as a parent have a significant Texas connection and substantial relevant evidence is available here.
☐ Every court with home-state or significant-connection jurisdiction declined because Texas is the more appropriate forum.
☐ No court of another state would have jurisdiction under the statutory criteria.

Select the prior-order basis:

☐ This is an initial final determination; on rendition, this Court acquires continuing, exclusive jurisdiction as provided by § 155.001.
☐ This Court rendered a prior final order and retains continuing, exclusive jurisdiction under Chapter 155.
☐ This Court may modify another state's determination under § 152.203 because the required initial-jurisdiction basis and prior-state or residence finding has been made: [________________________________].

☐ The information required by § 152.209 was submitted under oath in each party's first pleading or an attached affidavit, unless the statute's same-state-residence exception applies.
☐ Identifying information is sealed or requested to be sealed under § 152.209(e) for health, safety, or liberty reasons: [________________________________].

1.3 Children Subject to This Order

The final order must contain the identifying and contact information required by Tex. Fam. Code § 105.006(a), unless the Court enters protective relief under § 105.006(c). Counsel shall prepare that information using the filing method required by the Court.

☐ Party and child information completed for the final order
☐ Protective nondisclosure relief requested under § 105.006(c): [________________________________]

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 and that appointment of [________________________________] as Sole Managing Conservator is in the child(ren)'s best interest under § 153.002 based on:

☐ A history of family violence involving the parents, which removes the joint-managing-conservatorship presumption under § 153.131(b).
☐ Credible evidence of a history or pattern described by § 153.004(b), which prohibits appointment of the parents as Joint Managing Conservators.
☐ Other evidence showing that a joint appointment is not in the child(ren)'s best interest: [________________________________].

☐ STOP — heightened finding required: credible evidence triggers the § 153.004(b) rebuttable presumption that appointment of the proposed Sole Managing Conservator is not in the child(ren)'s best interest. Do not enter this appointment without findings and an order addressing that presumption and child safety.

2.2 Best-Interest Findings

The Court considered the evidence concerning the child(ren)'s needs, safety, care, relationships, routine, each parent's ability to meet those needs, and the proposed conservatorship and possession terms. Additional findings: [________________________________].

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

☐ No in-chambers interview was requested or ordered.
☐ On a proper application in a nonjury trial or hearing, the Court interviewed [________________________________], age [____], in chambers concerning conservatorship or the person with the exclusive right to designate primary residence. The interview does not diminish the Court's best-interest discretion.
☐ The Court exercised its discretion to interview [________________________________], who is under age 12, in chambers.
☐ No interview occurred because the issue was submitted for a jury verdict for which an in-chambers interview is not permitted.

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: Under Tex. Fam. Code § 153.191, the Court finds both that appointment of [________________________________] as Possessory Conservator is not in the best interest of the child and that parental possession or access would endanger the child's physical or emotional welfare. [________________________________] is not appointed as a conservator. Any possession or access must be expressly authorized elsewhere in this Order.

ARTICLE IV — RIGHTS AND DUTIES OF THE SOLE MANAGING CONSERVATOR

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

Unless limited by this Order, IT IS ORDERED that [________________________________], as Sole Managing Conservator, shall have the rights and duties provided by Subchapter B of Chapter 153 and 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 designate and enroll the child in the school the child will attend, subject to eligibility or admission requirements
9. The right to the services and earnings of the child
10. 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
11. The rights to apply for, renew, and maintain possession of the child's passport

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

Unless limited by this Order, the Sole Managing Conservator has at all times the rights to receive information concerning the child's health, education, and welfare; confer with the other parent to the extent possible before related decisions; access medical, dental, psychological, and educational records; consult with the child's physicians, dentists, psychologists, and school officials; attend school activities; be designated for emergency notice; consent to emergency treatment involving immediate danger; and manage any estate created by that parent or the parent's family.

4.3 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: [________________________________]

4.4 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
• Except as limited by protective relief under § 105.006(c), notify every other party, the Court, and the state case registry of an intended change in required party information by the earlier of the 60th day before the change or the fifth day after learning of a change that could not timely be anticipated
• Comply with any separate geographic restriction in this Order

4.5 Rights and Duties During Possession (Tex. Fam. Code § 153.074)

Unless limited by this Order, each parent appointed as a conservator has 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 clothing, food, shelter, and medical and dental care not involving an invasive procedure
• 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

ARTICLE V — RIGHTS AND POSSESSION OF THE POSSESSORY CONSERVATOR

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

Unless limited by this Order, 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, including school activities
6. The right to attend school activities, including school lunches, performances, and field trips
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 immediate danger to the health and safety of the child
9. The right to manage the child's estate to the extent the estate was created by the Possessory Conservator or that parent's family

5.2 Possession Framework

Section 153.191 presumes that a parent not appointed managing conservator will be appointed Possessory Conservator unless both statutory findings for denying that appointment are made. Under § 153.193, any denial, restriction, or limitation may not exceed what is required to protect the child(ren)'s best interest. The Court must specify and expressly state possession times and conditions as required by § 153.006(c).

For a child age three or older, §§ 153.251–153.252 make the Standard Possession Order a rebuttably presumed reasonable minimum and best-interest schedule. Select and complete one route:

☐ Standard Possession Order completed below
☐ Child under age three — an age-appropriate schedule and the prospective order effective on the child's third birthday are stated here as required by § 153.254: [________________________________]
☐ Modified possession schedule stated with complete dates, times, exchange terms, and conditions: [________________________________]
☐ Supervised possession under Article VI
☐ No possession or access under Article VI

5.3 Distance and Beginning/Ending-Time Election

☐ Possessory Conservator resides 50 miles or less from the child's primary residence — §§ 153.312 and 153.3171 apply; alternative times are automatic unless declined or a statutory exception applies
☐ Possessory Conservator resides more than 50 but not more than 100 miles from the child's primary residence — § 153.312 applies; alternative times are available by election under § 153.317
☐ Possessory Conservator resides more than 100 miles from the child's primary residence — § 153.313 applies

☐ Standard beginning and ending times apply
☐ Specific alternative beginning and ending times authorized by § 153.317 apply as identified below

5.4 Standard Schedule — 100 Miles or Less (§ 153.312)

Weekends — first, third, and fifth weekends of each month:

Thursdays during the regular school term:

The Possessory Conservator has spring vacation in even-numbered years and the Sole Managing Conservator in odd-numbered years. The standard period begins at 6:00 p.m. on the day school is dismissed and ends at 6:00 p.m. on the day before school resumes. If § 153.317(a)(3) applies, only the beginning changes to the time school is dismissed.

By April 1, the Possessory Conservator may select 30 summer days in no more than two periods of at least seven consecutive days each, beginning no earlier than the day after school is dismissed for summer and ending no later than seven days before school resumes. Without timely notice, the default period begins at 6:00 p.m. July 1 and ends at 6:00 p.m. July 31.

By April 15, the Sole Managing Conservator may select one weekend during one extended-summer period, with pickup and return at the same place. The Sole Managing Conservator may also block one otherwise scheduled summer weekend by April 15 or on 14 days' written notice after April 16, subject to § 153.312(b)(4).

5.5 Standard Schedule — More Than 100 Miles (§ 153.313)

☐ Regular first, third, and fifth weekends under § 153.312(a)(1)
☐ In lieu of regular weekends, not more than one weekend per month selected with 14 days' written or telephonic notice, after a written election made within 90 days after the residences became more than 100 miles apart

The Possessory Conservator has spring vacation every year. By April 1, the Possessory Conservator may select 42 summer days in no more than two periods of at least seven consecutive days each, beginning no earlier than the day after school is dismissed for summer and ending no later than seven days before school resumes; without timely notice, the default period begins at 6:00 p.m. June 15 and ends at 6:00 p.m. July 27.

By April 15, the Sole Managing Conservator may select one weekend during the extended-summer period, or two nonconsecutive weekends if that period exceeds 30 days, with pickup and return at the same place. By the same deadline, the Sole Managing Conservator may select 21 summer days in no more than two periods of at least seven consecutive days each, without interfering with the Possessory Conservator's extended-summer possession or Father's Day when applicable.

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

The § 153.314 holiday provisions supersede conflicting weekend or Thursday periods. Spring and summer possession depend on the distance-based schedule above.

When §§ 153.317 or 153.3171 apply, use the authorized alternative holiday times selected or required by those sections, including school-dismissal beginnings for the first Christmas half and Thanksgiving, the applicable school-based Mother's Day times, and the Monday-morning Father's Day ending. Weekend periods are extended for applicable Friday or Monday holidays under § 153.315, subject to the applicable alternative-time provisions.

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

1. Unless a school-dismissal alternative applies, the Sole Managing Conservator shall surrender the child at that conservator's residence at the beginning of each period.
2. Select the applicable ending term: ☐ the Possessory Conservator shall surrender the child at the Possessory Conservator's residence ☐ the Possessory Conservator shall return the child to the Sole Managing Conservator's residence, subject to the statutory county-change exceptions. If possession ends when school resumes, surrender shall occur at school.
3. Each conservator shall return with the child the personal effects brought at the beginning of the period.
4. Either parent may designate a competent adult to pick up or return the child; a parent or designated competent adult shall be present.
5. A parent shall notify the person in possession whenever the parent cannot exercise a specified period.
6. Email or facsimile notice is timely if received by the deadline; mailed notice is timely if postmarked by the deadline.
7. If possession ends when school resumes and the child is not or will not be returned to school, the conservator in possession shall immediately notify the school and the other conservator.

ARTICLE VI — RESTRICTIONS OR DENIAL OF POSSESSION

6.1 Supervised Possession

☐ Not applicable.
☐ IT IS ORDERED that the Possessory Conservator's possession shall be continuously supervised as follows:

Additional protective conditions: [________________________________]

If § 153.004(d) applies but access is allowed under § 153.004(d-1), the Court finds that access will not endanger the child's physical health or emotional welfare, is in the child's best interest, and is governed by a safety order meeting § 153.004(d-1). Any battering-intervention requirement is imposed under § 153.004(d-1)(2)(D).

6.2 No Possession or Access

☐ Under § 153.004(d)(1), the Court finds by a preponderance of the evidence a history or pattern of family violence during the two years preceding filing or during the suit. The Court does not make the safety and best-interest findings required to permit access under § 153.004(d-1).
☐ The separate no-access condition in § 153.004(d)(2) applies; findings: [________________________________].
☐ Under § 153.191, the Court finds that appointment as Possessory Conservator is not in the child(ren)'s best interest and that parental possession or access would endanger the child(ren)'s physical or emotional welfare.

The denial or restriction does not exceed what is required to protect the child(ren)'s best interest under § 153.193. Additional findings and terms: [________________________________].

ARTICLE VII — GENERAL TERMS AND CONDITIONS

7.1 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).

7.2 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.

7.3 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).

7.4 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.

7.5 Required-Information Change Notice

Except as limited by protective relief under § 105.006(c), IT IS ORDERED that each party notify every other party, the Court, and the state case registry of an intended change in information covered by § 105.006. Notice is due by the earlier of the 60th day before the intended change or the fifth day after the party learns of a change that could not timely be anticipated. These notices do not amend the geographic restriction.

7.6 Passport and International Travel

☐ Notwithstanding the Sole Managing Conservator's default exclusive rights under § 153.132(11), IT IS ORDERED that the Sole Managing Conservator may not apply for, renew, or take possession of a passport for the child(ren) without the written consent of the other conservator or a further 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.

7.7 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))

If mediation is ordered after the Court rejects a family-violence objection, the Court shall require the safety measures in § 153.0071(f), including no face-to-face contact and separate rooms. Even a formally compliant mediated settlement agreement may be rejected under § 153.0071(e-1) when the statute's family-violence or abuse conditions and best-interest finding are met.

8.2 Cost of Mediation

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

ARTICLE IX — FINANCIAL PROVISIONS

This custody template does not calculate or supply a complete child-support or medical-support order.

☐ Child support and medical support are governed by an existing separate order identified as: [________________________________].
☐ A separately prepared support order or exhibit is signed with and incorporated into this Order: [________________________________].

If this Order itself orders child support, it must contain the additional § 105.006(e-2) notice reproduced below.

ARTICLE X — EXECUTION AND ORDER

10.1 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.

10.2 Signatures (If Agreed)

Sole Managing Conservator:

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

Possessory Conservator:

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

10.3 Approval of Counsel

Attorney for Petitioner:

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

Attorney for Respondent:

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

10.4 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 of the child(ren) named herein.

Select one:

☐ [________________________________] is appointed Possessory Conservator, with the rights, duties, possession, and access stated in this Order.
☐ [________________________________] is not appointed Possessory Conservator based on the findings in Sections 3.2 and 6.2.

All relief not expressly granted herein is denied.

10.5 Required Notices (Tex. Fam. Code § 105.006(d), (e), (e-1), (e-2))

If protective relief under § 105.006(c) is entered, counsel must conform or omit the subsection (e) change-information blocks as the protective order requires. The final child-support-modification block is required only if this Order itself orders child support.

FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.

FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.

FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, E-MAIL ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.

THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.

NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.

THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD, IF: (1) THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY CHANGED; OR (2) IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100 FROM THE AMOUNT THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES.

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
☐ Current clerk-specific filing-fee requirements checked
☐ Service of process completed or a court-authorized alternate-service route used
☐ Information required by Tex. Fam. Code § 152.209 submitted under oath in the first pleading or an attached affidavit, unless the same-state-residence exception applies
☐ Current local rules and standing orders checked
☐ Temporary orders obtained if needed (Tex. Fam. Code § 105.001)
☐ Safety and protective-relief options evaluated if family violence is alleged
☐ Child custody evaluation ordered or completed if applicable (Tex. Fam. Code § 107.103)
☐ Any in-chambers child interview handled under the application, age, record, and jury limits in § 153.009
☐ Evidence prepared to rebut JMC presumption (criminal records, CPS records, police reports, medical records, witness testimony)
☐ Final-order information and protective nondisclosure terms completed under § 105.006(a)–(c)
☐ Proposed order prepared and reviewed by counsel

Sources and References

• Tex. Fam. Code Chapter 105 — Final-Order Information and Required Notices: Texas Legislature
• Tex. Fam. Code Chapter 107 — Child Custody Evaluations: Texas Legislature
• Tex. Fam. Code Chapter 152 — UCCJEA Jurisdiction and Required Information: Texas Legislature
• Tex. Fam. Code Chapter 153 — Conservatorship, Possession, Access, and Standard Possession Order: Texas Legislature
• Tex. Fam. Code Chapter 155 — Continuing, Exclusive Jurisdiction: Texas Legislature
• H.B. 2495, 89th Leg., R.S. (2025) — current § 153.132 school-designation and enrollment language, effective September 1, 2025: Texas Legislature
• S.B. 1404, 89th Leg., R.S. (2025) — current § 105.006 final-order notices, effective September 1, 2025: Texas Legislature