Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1, eff. Sec. SECURITY BOND. 3, eff. Sec. 29, eff. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. April 2, 2015. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. Sec. Sept. 1, 1995. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. ABDUCTION RISK FACTORS. 153.6082. 555), Sec. 153.191. 153.434. (C) maintain possession of the child's passport. 30, eff. 1, eff. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. The agreement must state whether the arbitration is binding or non-binding. 20, Sec. 3, eff. 4, eff. 22, eff. 153.372. Amended by Acts 1999, 76th Leg., ch. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Added by Acts 1995, 74th Leg., ch. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. Section 153.009 of the Texas Family Code. 916 (H.B. 153.316. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 1, eff. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. 11(2), eff. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. Sec. 1012), Sec. Sec. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. DUTY TO PROVIDE INFORMATION. 153.601. 1, eff. 1, eff. Sec. 112 (H.B. SUIT FOR ACCESS. (2) incorporated into an order signed by the court. 2, eff. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. 4, eff. Sept. 1, 2003. 1113 (H.B. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. Sept. 1, 1995. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . 1404), Sec. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 13, eff. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. June 18, 2005. 153.609. 261), Sec. 12, eff. FACTORS FOR COURT TO CONSIDER. Sec. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. Acts 2005, 79th Leg., Ch. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. 20, Sec. 2, eff. 37, eff. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. September 1, 2007. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2009. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. September 1, 2005. Sept. 1, 2003. Sec. After an objection is filed, a parenting coordinator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Added by Acts 1995, 74th Leg., ch. 09-2021) Page 1 of 10 Standard Possession Order . September 1, 2005. 153.006. Acts 2005, 79th Leg., Ch. 50 miles or less. Acts 2009, 81st Leg., R.S., Ch. The court shall set the amount and condition the bond or security on compliance with the order. A record of the interview shall be part of the record in the case. MEANS OF TRAVEL. 1036, Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. 153.133. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. 1012), Sec. ENFORCEMENT. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. June 20, 2003. September 1, 2007. (4) the right to direct the moral and religious training of the child. 896 (H.B. September 1, 2007. Sec. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. Texas Family Code - FAM 153.317. Acts 2021, 87th Leg., R.S., Ch. 751, Sec. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sec. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 2, eff. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. 1181 (H.B. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 153.501. Acts 2007, 80th Leg., R.S., Ch. 153.3721. Acts 2005, 79th Leg., Ch. 1181 (H.B. 1.047, eff. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 907 (H.B. 967 (S.B. 1, eff. An offense under this subsection is a Class C misdemeanor. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Added by Acts 2003, 78th Leg., ch. Sec. COMPENSATION OF PARENTING COORDINATOR. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 1113 (H.B. 20, Sec. 153.313. 1012), Sec. 219), Sec. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. EXPEDITED HEARING. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 645, Sec. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. September 1, 2005. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order. COURT-ORDERED JOINT CONSERVATORSHIP. 28, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. (b) A nonparent possessory conservator has any other right or duty specified in the order. April 20, 1995. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 751, Sec. 153.075. 7, eff. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. 1041 (H.B. Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . April 20, 1995. September 1, 2009. Amended by Acts 1997, 75th Leg., ch. April 20, 1995. Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 751, Sec. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. 1012), Sec. 153.608. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. (d) The parenting facilitator may not modify any order, judgment, or decree. September 1, 2007. 1, eff. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. 2, eff. 19, eff. 6, eff. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. 1. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. September 1, 2011. DUTIES OF PARENTING FACILITATOR. 1, eff. 1, eff. The report must be limited to a statement of whether the parenting coordination should continue. 27, eff. April 2, 2015. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 153.015. 14, eff. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. June 18, 2005. September 1, 2007. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. Sec. 153.605. Sec. Acts 2015, 84th Leg., R.S., Ch. 38, eff. GENERAL TERMS AND CONDITIONS. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. 421 (S.B. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 99 (S.B. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. Amended by Acts 1997, 75th Leg., ch. 1, eff. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. the child is under 3 and the noncustodial parent did not have frequent, ongoing . Acts 2009, 81st Leg., R.S., Ch. 751, Sec. September 1, 2007. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 9, Sec. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or.
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