Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. In rendering the order, the court shall consider evidence of all relevant factors, including:
(1) the caregiving provided to the child before and during the current suit;
(2) the effect on the child that may result from separation from either party;
(3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child;
(4) the physical, medical, behavioral, and developmental needs of the child;
(5) the physical, medical, emotional, economic, and social conditions of the parties;
(6) the impact and influence of individuals, other than the parties, who will be present during periods of possession;
(7) the presence of siblings during periods of possession;
(8) the child's need to develop healthy attachments to both parents;
(9) the child's need for continuity of routine;
(10) the location and proximity of the residences of the parties;
(11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on:
(A) the age of the child; or
(B) minimal or inconsistent contact with the child by a party;
(12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and
(13) any other evidence of the best interest of the child.
(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(1), eff. September 1, 2017.
(c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(1), eff. September 1, 2017.
(d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 86 (S.B. 820), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(1), eff. September 1, 2017.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1998–2024 · leading case:
In re Interest of J.M.M., 549 S.W.3d 293 (Tex. App.—El Paso 2018).
In re Interest of J.M.M., 549 S.W.3d 293 (Tex. App.—El Paso 2018).
· cites it 2× “TEX. FAM. CODE ANN. § 153.254(a) (West Supp.”
Matter of Marriage of Bertram, 981 S.W.2d 820 (Tex. App.—Texarkana 1998).
“Tex Fam.Code Ann. § 153.254 (Vernon 1996) provides: (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age.”
Sandra Perez v. Brian Williams, No. 01-14-00504-CV (Tex. App.—Houston [1st Dist.] Apr. 23, 2015).
· cites it 5× “401 2 Tex. Fam. Code § 153.254 3 Tex. Fam. Code § 153.”
In re CBM, 14 S.W.3d 855 (Tex. App.—Beaumont 2000).
· cites it 2× “Where the child is less than three, the court is to render an order appropriate under the circumstances for possession of the child and is to render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order.”
Orlando Marquez v. Cynthia Cantu, No. 03-17-00795-CV (Tex. App.—Austin July 25, 2018).
“See Tex. Fam. Code § 153.254 (listing “relevant factors” for court to consider when rendering order for possession of child less than three years of age, including “caregiving provided to the child before and during the current suit”).”
in the Interest of I.B., a Child, No. 05-18-01429-CV (Tex. App.—Dallas Nov. 12, 2019).
“3d at 95 ; see also TEX. FAM. CODE § 153.254 (factors to consider for possession of child less than three years of age).”
Vincent Thomas Jackson v. Lynda Jane Jackson, No. 03-19-00014-CV (Tex. App.—Austin Mar. 6, 2020).
“To determine whether a disputed aspect of a conservatorship order or divorce decree is in a child’s best interest, we must consider a number of factors, including, inter alia, the effects on the child, the developmental needs of the child, and the child’s need to develop a…”
Tex. Fam. Code § 153.254(a): 7 cases
Sandra Perez v. Brian Williams, No. 01-14-00504-CV (Tex. App.—Houston [1st Dist.] Apr. 23, 2015).
“401 2 Tex. Fam. Code § 153.254 3 Tex. Fam. Code § 153.”
Tex. Fam. Code § 153.254(a)(1): 1 case
Tex. Fam. Code § 153.254(a)(2): 1 case
Vincent Thomas Jackson v. Lynda Jane Jackson, No. 03-19-00014-CV (Tex. App.—Austin Mar. 6, 2020).
“To determine whether a disputed aspect of a conservatorship order or divorce decree is in a child’s best interest, we must consider a number of factors, including, inter alia, the effects on the child, the developmental needs of the child, and the child’s need to develop a…”
Tex. Fam. Code § 153.254(d): 1 case
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