What does joint managing conservators of the children mean?

There is a presumption under Texas law that parents should be named joint managing conservators of the children. Joint managing conservators are awarded certain rights and responsibilities with respect their children. Possession and access is a different and separate issue. Parties can be named joint managing conservators with one joint managing conservator being awarded primary possession of the children and the other joint managing conservator being awarded visitation.

How old does a child have to be before they can choose who they want to live with?

A child who is 12 years of age or older may sign a statement to be filed with the court setting forth the name of the person who the child prefers to the exclusive right to designate the primary residence of the child. Such preference is subject to the court's approval.

When can possession of a child be modified?

The court may modify possession of a child if it is in the child's best interest, and:

1. the circumstances of the child, a conservator, or other party has materially and substantially changed since either:

   1. the date of the prior order, or

   2. the date of the signing of a mediated agreement, on which the order was based

2. The child is at least 12 and has filed in writing 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 for at least 6 months.

4. However, the possession order may be modified within one year of the prior order only if the modification is in the child's best interest and:

   1. The child's present environment may endanger the child's physical health or significantly impair the child's emotional development,

   2. The person who has the exclusive right to designate the primary residence of the child consents to the modification, or

   3. The person who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least 6 months.

Can I modify custody quickly?

Custody cannot be modified quickly through a temporary order, unless:

1. the order is necessary because the child's present living environment may endanger the child's physical health or significantly impair the child's emotional development;

2. the person designated in the final order has voluntarily relinquished the primary care and possession of the child for 6 months or longer, or

3. the child is 12 or older and files a statement in writing with the court stating the child's preference, and the temporary order designating that person is in the child's best interest.