Texas Family Code § 153.254. Child Less Than Three Years of Age

(a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age.  In rendering the order, the court shall consider evidence of all relevant factors, including:

(1) the caregiving provided to the child before and during the current suit;

(2) the effect on the child that may result from separation from either party;

(3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child;

(4) the physical, medical, behavioral, and developmental needs of the child;

(5) the physical, medical, emotional, economic, and social conditions of the parties;

(6) the impact and influence of individuals, other than the parties, who will be present during periods of possession;

(7) the presence of siblings during periods of possession;

(8) the child's need to develop healthy attachments to both parents;

(9) the child's need for continuity of routine;

(10) the location and proximity of the residences of the parties;

(11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on:

(A) the age of the child;  or

(B) minimal or inconsistent contact with the child by a party;

(12) the ability of the parties to share in the responsibilities, rights, and duties of parenting;  and

(13) any other evidence of the best interest of the child.

(b) Repealed by Acts 2017, 85th Leg., ch. 421 (S.B. 1237), § 12(1).

(c) Repealed by Acts 2017, 85th Leg., ch. 421 (S.B. 1237), § 12(1).

(d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order.


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