Texas Family Code - FAM § 263.404. Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights

(1) appointment of a parent as managing conservator would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development;  and

(2) it would not be in the best interest of the child to appoint a relative of the child or another person as managing conservator.

(1) that the child will reach 18 years of age in not less than three years;

(2) that the child is 12 years of age or older and has expressed a strong desire against termination or has continuously expressed a strong desire against being adopted;  and

(3) the needs and desires of the child.