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The Presumption of Joint Managing Conservatorship

The Texas Family Code establishes a legal presumption that it is in a child's best interest to appoint both parents as Joint Managing Conservators ("JMC").  The presumption is rooted in the belief that in the almost perfect world--perfect world would be void of divorces--a child’s best interest is served when both parents are involved in managing the child's daily activities and work as a team.  To overcome the presumption, a party must show that appointing both parents as JMC would "significantly impair the child's physical health or emotional development."  A history of domestic violence automatically removes the presumption.

The 2009 Legislative session amended section 153.133 to eliminate the requirement that one conservator must be granted the right to establish the child's primary residence under certain conditions.