Tex. Fam. Code Section 153.004
History of Domestic Violence or Sexual Abuse


(a)

In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party’s spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.

(b)

The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 (Sexual Assault) or 22.021 (Aggravated Sexual Assault), Penal Code, that results in the other parent becoming pregnant with the child. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child.

(c)

The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.

(d)

The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that:

(1)

there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or

(2)

the parent engaged in conduct that constitutes an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 22.011 (Sexual Assault), 22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct), Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent’s child.

(d-1)

Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court:

(1)

finds that awarding the parent access to the child would not endanger the child’s physical health or emotional welfare and would be in the best interest of the child; and

(2)

renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that:

(A)

the periods of access be continuously supervised by an entity or person chosen by the court;

(B)

the exchange of possession of the child occur in a protective setting;

(C)

the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, within 12 hours prior to or during the period of access to the child; or

(D)

the parent attend and complete a battering intervention and prevention program as provided by Article 42.141 (Battering Intervention and Prevention Program), Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010 (Order for Family Counseling).

(e)

It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by:

(1)

that parent; or

(2)

any person who resides in that parent’s household or who is permitted by that parent to have unsupervised access to the child during that parent’s periods of possession of or access to the child.

(f)

In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85 (Issuance of Protective Order), Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit.

(g)

In this section:

(1)

“Abuse” and “neglect” have the meanings assigned by Section 261.001 (Definitions).

(2)

“Family violence” has the meaning assigned by Section 71.004 (Family Violence).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 774, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 787, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 586, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 642, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 907 (H.B. 1228), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 907 (H.B. 1228), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 99 (S.B. 495), Sec. 1, eff. September 1, 2017.

Source: Section 153.004 — History of Domestic Violence or Sexual Abuse, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­153.­htm#153.­004 (accessed Mar. 23, 2024).

153.001
Public Policy
153.002
Best Interest of Child
153.003
No Discrimination Based on Sex or Marital Status
153.004
History of Domestic Violence or Sexual Abuse
153.005
Appointment of Sole or Joint Managing Conservator
153.006
Appointment of Possessory Conservator
153.007
Agreed Parenting Plan
153.009
Interview of Child in Chambers
153.010
Order for Family Counseling
153.011
Security Bond
153.012
Right to Privacy
153.013
False Report of Child Abuse
153.014
Visitation Centers and Visitation Exchange Facilities
153.015
Electronic Communication with Child by Conservator
153.0071
Alternate Dispute Resolution Procedures
153.071
Court to Specify Rights and Duties of Parent Appointed a Conservator
153.072
Written Finding Required to Limit Parental Rights and Duties
153.073
Rights of Parent at All Times
153.074
Rights and Duties During Period of Possession
153.075
Duties of Parent Not Appointed Conservator
153.076
Duty to Provide Information
153.131
Presumption that Parent to Be Appointed Managing Conservator
153.132
Rights and Duties of Parent Appointed Sole Managing Conservator
153.133
Parenting Plan for Joint Managing Conservatorship
153.134
Court-ordered Joint Conservatorship
153.135
Equal Possession Not Required
153.138
Child Support Order Affecting Joint Conservators
153.191
Presumption that Parent to Be Appointed Possessory Conservator
153.192
Rights and Duties of Parent Appointed Possessory Conservator
153.193
Minimal Restriction on Parent’s Possession or Access
153.251
Policy and General Application of Guidelines
153.252
Rebuttable Presumption
153.253
Standard Possession Order Inappropriate or Unworkable
153.254
Child Less than Three Years of Age
153.255
Agreement
153.256
Factors for Court to Consider
153.257
Means of Travel
153.258
Request for Findings When Order Varies from Standard Order
153.311
Mutual Agreement or Specified Terms for Possession
153.314
Holiday Possession Unaffected by Distance Parents Reside Apart
153.315
Weekend Possession Extended by Holiday
153.316
General Terms and Conditions
153.317
Alternative Beginning and Ending Possession Times
153.371
Rights and Duties of Nonparent Appointed as Sole Managing Conservator
153.372
Nonparent Appointed as Joint Managing Conservator
153.373
Voluntary Surrender of Possession Rebuts Parental Presumption
153.374
Designation of Managing Conservator in Affidavit of Relinquishment
153.375
Annual Report by Nonparent Managing Conservator
153.376
Rights and Duties of Nonparent Possessory Conservator
153.377
Access to Child’s Records
153.431
Appointment of Grandparent, Aunt, or Uncle as Managing Conservator
153.432
Suit for Possession or Access by Grandparent
153.433
Possession of or Access to Grandchild
153.434
Limitation on Right to Request Possession or Access
153.501
Necessity of Measures to Prevent International Parental Child Abduction
153.502
Abduction Risk Factors
153.503
Abduction Prevention Measures
153.551
Suit for Access
153.601
Definitions
153.602
Parenting Plan Not Required in Temporary Order
153.603
Requirement of Parenting Plan in Final Order
153.605
Appointment of Parenting Coordinator
153.606
Duties of Parenting Coordinator
153.607
Presumption of Good Faith
153.608
Report of Parenting Coordinator
153.609
Compensation of Parenting Coordinator
153.610
Qualifications of Parenting Coordinator
153.611
Exception for Certain Title Iv-d Proceedings
153.701
Definitions
153.702
Temporary Orders
153.703
Appointing Designated Person for Conservator with Exclusive Right to Designate Primary Residence of Child
153.704
Appointing Designated Person to Exercise Visitation for Conservator with Exclusive Right to Designate Primary Residence of Child in Certain Circumstances
153.705
Appointing Designated Person to Exercise Visitation for Conservator Without Exclusive Right to Designate Primary Residence of Child
153.707
Expedited Hearing
153.708
Enforcement
153.709
Additional Periods of Possession or Access
153.00715
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate
153.3721
Access to Certain Records by Nonparent Joint Managing Conservator
153.6031
Exception to Dispute Resolution Process Requirement
153.6051
Appointment of Parenting Facilitator
153.6061
Duties of Parenting Facilitator
153.6071
Presumption of Good Faith
153.6081
Report of Parenting Facilitator
153.6082
Report of Joint Proposal or Statement of Intent
153.6083
Communications and Recordkeeping of Parenting Facilitator
153.6091
Compensation of Parenting Facilitator
153.6101
Qualifications of Parenting Facilitator
153.6102
Parenting Facilitator

Accessed:
Mar. 23, 2024

§ 153.004’s source at texas​.gov