(a) The court may modify an order that provides for the appointment of a conservator
of a child, that provides the terms and conditions of conservatorship, or that provides
for the possession of or access to a child if modification would be in the best interest
of the child and:
(1) the circumstances of the child, a conservator, or other party affected by the
order have materially and substantially changed since the earlier of:
(A) the date of the rendition of the order; or
(B) the date of the signing of a mediated or collaborative law settlement agreement
on which the order is based;
(2) the child is at least 12 years of age and has expressed to the court in chambers
as provided by Section 153.009 the name of the person who is the child's preference to have the exclusive right
to designate the primary residence of the child; or
(3) the conservator who has the exclusive right to designate the primary residence
of the child has voluntarily relinquished the primary care and possession of the child
to another person for at least six months.
(b) Subsection (a)(3) does not apply to a conservator who has the exclusive right
to designate the primary residence of the child and who has temporarily relinquished
the primary care and possession of the child to another person during the conservator's
military deployment, military mobilization, or temporary military duty, as those terms
are defined by Section 153.701.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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