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Texas Family Code 153

§ 153.004. HISTORY OF DOMESTIC VIOLENCE. 

(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 by a party 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 or 22.021, 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 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 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, unless 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, 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, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010.

       (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 physical or sexual abuse by that parent directed against the other parent, a spouse, or a

child.

       (f)  In determining under this section whether there is

credible evidence of a history or pattern of past or present child neglect or physical or sexual abuse by a parent directed against the other parent, a spouse, or a child, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent during the two-year period preceding the filing of the suit or during the pendency of the suit.

 

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