Texas Family Code - FAM § 153.005. Appointment of Sole or Joint Managing Conservator

(a) In a suit, except as provided by Section 153.004 , the court:

(1) may appoint a sole managing conservator or may appoint joint managing conservators;  and

(2) if the parents are or will be separated, shall appoint at least one managing conservator.

(b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency.

(c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit:

(1) a party engaged in a history or pattern of family violence, as defined by Section 71.004 ;

(2) a party engaged in a history or pattern of child abuse or child neglect;  or

(3) a final protective order was rendered against a party.

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