A recent case from the Dallas Court of Appeals reminds us that the presumption in Sec. 153.131 that parents should be appointed joint managing conservators of the child only applies in original suits and not in modification cases.
In re L.G., 05-24-00764-CV (Tex. App. – Dallas, Oct 08, 2024)(mem. op.) states:
Section 153.131 provides that, subject to a prohibition not present in this case, a court shall appoint both parents as joint managing conservators of a child unless the court finds that it would not be in the best interest of the child to do so because the appointment would significantly impair the child’s physical health or emotional development. Id. § 153.131(a). This statutory parental presumption is rebuttable, and a finding of a history of family violence involving the parents removes the presumption. See id. § 153.131(b).
Section 153.131, however, applies to original custody determinations and “is not carried forward into the statute governing proceedings to modify those determinations.” In re C.J.C., 603 S.W.3d 804, 807 (Tex. 2020) (citing Tex. Fam. Code § 156.101(a)(1)); see also In re V.L.K., 24 S.W.3d 338, 342 (Tex. 2000) (“Chapter 156 does not provide for a parental presumption in modification suits.”).