Presumption of Managing Conservatorship of a Parent

Generally in Texas Section 153.131 of the Texas Family Code creates a presumption of managing conservatorship in favor of a parent or parents unless the court finds that such appointment “would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development.” Tex. Fam. Code § 153.131(a).

There is an underlying presumption in Texas family law that a parent or parents are best able to assume the parental responsibilities of his or her child or children. However, the presumption is not absolute or does not always hold true under certain circumstances. One factor would be a history of family violence. Thus when competing parents are vying for the "full custody" of his or her child or children, the parent who has committed family violence is at a disadvantage in a custody case or lawsuit. A finding of a history of family violence involving a child’s parents removes the presumption that appointment of the child’s parents is in the child’s best interest. Texas Family Code § 153.131.