Law Offices of
Donald L. Williams
Attorney/Mediator and Counselor at Law

LawOffice@DonaldLWilliams.com
www.DonaldLWilliamsLaw.com

3301 Rain Dance Dr.		2829 Montana, Ste. 204
El Paso, Texas 79936		El Paso, Texas 79903
(915) 598-6009 Office		(915) 564-5559 Office
(915) 590-8365 Facsimile		(915) 562-1224 Facsimile

Section 153.001. Public Policy

(a) The public policy of this state is to:

(1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;

(2) provide a safe, stable, and nonviolent environment for the child; and

(3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

(b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support.

Section 153.003. No Discrimination Based On Sex or Marital Status

The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining:

(1) which party to appoint as sole managing conservator;

(2) whether to appoint a party as joint managing conservator; and

(3) the terms and conditions of conservatorship and possession of and access to the child.

Section 153.002. Best Interest of Child

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

Section 153.131. Presumption that Parent to be Appointed Managing Conservator

(a) Subject to the prohibition in Section 153.004 (History of Domestic Violence) unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child.

(b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection.

Section: 156.006 Temporary Orders

(a) Except as provided by Subsection (b), the court may render a temporary order in a suit for modification.

(b) While a suit for modification is pending, the court may not render a temporary order that has the effect of changing the designation of the person who has the exclusive right to determine the primary residence of the child under the order unless:

(1) the order is necessary because the child’s present living environment may endanger the child’s physical health or significantly impair the child’s emotional development;

(2) the person designated in the final order has voluntarily relinquished the primary care, and possession of the child for more than six months and the temporary order is in the best interest of the child; or

(3) the child is 12 years of age or older and has filed with the court in writing the name of the person who is the child’s preference to have the exclusive right to determine the primary residence of the child and the temporary order designating that person is in the best interest of the child.

Section 156.101. Grounds for Modification of Order Establishing Conservatorship or Possession and Access.

The court may modify an order or portion of a decree that provides for the appointment of a conservator of a child, that provides the terms and conditions of conservatorship, or that provides for the possession of or access to a child if modification would be in the best interest of the child and:

(1) the circumstances of the child a conservator, or other party affected by the order have materially and substantially changed since the date of the rendition of the order;

(2) the child is at least 12 years of age and has filed with the court, in writing, the name of the conservator who is the child’s preference to have the exclusive right to determine the primary residence of the child; or

(3) the conservator who has the exclusive right to establish the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.

Section 156.102. Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order.

(a) If a suit seeking to modify the designation of the person having the exclusive right to determine the primary residence of a child is filed not later than one year after the date of rendition of the order, the person filing the suit shall execute and attach an affidavit as provided by Subsection (b).

(b) The affidavit must contain, along with supporting facts, at least one of the following allegations:

(1) that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;

(2) that the person who has the exclusive right to determine the primary residence of the child is the person seeking or consenting to the modification and the modification is in the best interest of the child; or

(3) that the person who has the exclusive right to determine the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least six months and the modification is in the best interest of the child.

(c) The court shall deny the relief sought and refuse to schedule a hearing for modification under this section unless the court determines, on the basis of the affidavit, that facts adequate to support an allegation listed in Subsection (b) are stated in the affidavit. If the court determines, on the basis of the affidavit, that facts adequate to support an allegation, the court shall set a time and place for the hearing.

Section 156.103 Increased Expenses Because of Change of Residence.

(a) If a change of residence results in increased expenses for a party having possession of or access to a child, the court may render appropriate orders to allocate those increased expenses on a fair and equitable basis, taking into account the cause of the increased expenses and the best interest of the child.

(b) The payment of increased expenses by the party whose residence is changed is rebuttably presumed to be in the best interest of the child.

(c) The court may render an order without regard to whether another change in the terms and conditions for the possession of or access to the child is made.

Section 156.104. Modification of Order On Conviction for Child Abuse; Penalty

(a) Except as provided by Section 156.1045, the conviction of a conservator, or an order deferring adjudication with regard to the conservator, for an offense involving the abuse of a child under Section 21.11, 22.111, or 22.021, Penal Code, is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to a child.

(b) A person commits an offense if the person files a suit to modify an order or portion of a decree based on the grounds permitted under Subsection (a) and the person knows that the person against whom the motion is filed has not been convicted of an offense, or received deferred adjudication for an offense, under Section 21.11, 22.011, or 22.021, Penal Code. An offense under this subsection is a Class B misdemeanor.

Section 156.1045. Modification of Order on Conviction for Family Violence.

(a) The conviction or an order deferring adjudication of a person who is a possessory conservator or a sole or joint managing conservator for an offense involving family violence is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to a child to conform the order to the requirements of Section 153.004(d).

(b) A person commits an offense if the person files a suit to modify an order or portion of a decree based on the grounds permitted under Subsection (a) and the person knows that the person against whom the motion is filed has not been convicted of an offense, involving family violence. An offense under this subsection is a Class B misdemeanor.

Other Areas of Consideration

HELPING CHILDREN COPE WITH DIVORCE SEMINAR:

THIS SEMINAR IS REQUIRED BY
THE DISTRICT AND COUNTY COURTS OF EL PASO COUNTY FOR ANY SUIT
INVOLVING CHILDREN WHETHER IT IS DIVORCE OR NOT.

This four-hour educational program is designed to help parents focus on the needs of their children during this difficult and painful time. These court ordered seminars are conducted by qualified professionals affiliated with the YWCA El Paso Del Norte Region.

Topics include:
The divorce process
How children react
What children need to do to adjust
What parents can do to help
How to deal with new family structures
When children are at risk
How to get help

Cost

Each participant will be charged a fee of $35.00 for this seminar. If you are filing with the El Paso Legal Assistance Society and the El Paso Bar Association Pro Bono Project the fee is $15.00.

Children are not permitted in the class.
Child Care is not available on site.

A parent is not required to attend the seminar with his or her spouse or former spouse.

For more information call the HELPING CHILDREN COPE Coordinator at 577-9922, Ext. 247.

Make checks or money orders payable to Children Cope with Divorce, and mail to the YWCA, 1918 Texas Ave., El Paso, Texas 79901.

NO CLASSES ARE HELD AT 1918 TEXAS AVE

THIS ADDRESS IS FOR PRE-REGISTRATION AND PAYMENT PURPOSES ONLY

Collaborative Law

A Collaborative law suit is an alternative dispute resolution method or procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve the suit affecting the parent-child relationship on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate. The parties’ counsel may not serve as litigation counsel except to ask the court to approve the settlement agreement.

Your Next Step

Now that you have read the information, an experienced legal assistant or an attorney will interview you. You may ask any questions concerning your situation. You will talk directly to the attorney sometime during your visit to make all the arrangements necessary to retain his services.

If you are unable to retain the services of a private attorney, you can contact the El Paso County Legal Assistance Society at (915) 544-3022.

This information sheet is provided as a courtesy by:
Law Offices of Donald L. Williams

Notice to Client The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide you with information about how to file a complaint. For more information please call 1-800-932-1900. This is a toll free phone call.

You hereby understand that, if you should at any time become displeased or dissatisfied with any aspect whatsoever of attorney’s representation, or if you should at any time have any serious question concerning that representation, you will immediately notify attorney of that fact in writing by certified mail, return receipt requested.