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| | Modifying Terms and Conditions of Joint Managing Conservatorship. |
By Court
A joint managing conservator may seek a court order modifying the terms or conditions of a joint managing conservatorship order. The court may modify if both of the following conditions exist:
Either:
- The circumstances of the child or of one or both of the joint managing conservators have materially and substantially changed since the rendition of the order;
or
- The order has become unworkable or inappropriate under existing circumstances; and
- A modification of the terms and conditions of the order would be a positive improvement for and in the best interest of the child.
Changed circumstances.
Evidence that the child has started school and become involved in extracurricular activities since rendition of the original order may support a finding that circumstances have materially and substantially changed. In one case, factors indicating changed circumstances included (1) at least one of the children had begun attending school since rendition of the original order; (2) the mother had moved several times, and one child had been enrolled in at least four different schools during a single school year; (3) the mother was pregnant with the child of a man (not the children's father) with whom she was no longer living; (4) a psychiatrist had diagnosed the mother as having a stress disorder and had prescribed anti-depressants and sleeping pills; and (5) the mother had been in jail for two months after her probation was revoked.
Unworkable order.
Evidence that the parents have become acrimonious and openly hostile in the course of exercising their rights and duties as joint managing conservators may support a finding that an order has become unworkable or inappropriate under the circumstances.
Redesignation of primary joint managing conservator.
A suit between joint managing conservators to redesignate the parent with primary custody should be treated as a modification of conservatorship rather than as a modification of the terms and conditions of joint managing conservatorship. Even though both parents retain their status as joint managing conservators when primary possession is shifted from one to the other, the practical effect of the modification is on conservatorship.
By Agreement
Joint managing conservators may enter into a written agreement to modify an existing joint conservatorship decree. The court may modify the existing decree according to their agreement if the court finds that the agreement does all of the following:
- Designates the conservator who has the exclusive right to establish the child's primary residence.
- Either establishes the geographic area within which the conservator must maintain the child's primary residence or specifies that the conservator may establish the child's primary residence without regard to geographic location.
- Specifies the rights and duties of each parent regarding the child's physical care, support, and education.
- Includes provisions to minimize disruption of the child's education, daily routine, and association with friends.
- Allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent.
- Is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered.
- Is in the child's best interest.
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