Custody

Whether or not an abusive parent can become the joint or sole managing conservator may depend on how long ago the domestic violence or sexual assault happened. If a parent is filing for sole or joint managing conservatorship, the judge will look at:

1. whether during the two-year period of time before filing for conservatorship (or while the court case is pending), the party who is applying for conservatorship was physically abusive or sexually abusive towards:
   • his/her spouse; 
   • a parent of the child; or
   • any person under 18 years old;¹ and
2. whether at any time before filing of the petition (or while the court case is pending):
   • a final protective order was issued against either party; or 
   • either party engaged in a history or pattern of family violence, child abuse or child neglect.²

¹ Tex. Fam. Code § 153.004(a)
² Tex. Fam. Code § 153.005(c)