112 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 20, Sec. 21, eff. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9). 252), Sec. Sec. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 1, eff. 2, eff. (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. September 1, 2013. ABDUCTION RISK FACTORS. Child Visitation and Possession Orders | Texas Law Help A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. 10, eff. Sec. Sept. 1, 1997. Added by Acts 2005, 79th Leg., Ch. 153.703. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. COURT-ORDERED JOINT CONSERVATORSHIP. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 36, eff. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. Acts 2013, 83rd Leg., R.S., Ch. ABDUCTION PREVENTION MEASURES. 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. Sec. After an objection is filed, a parenting facilitator 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. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. Texas Family Code Section 153.314 - Holiday Possession Unaffected by 1.046, eff. Sec. Acts 2005, 79th Leg., Ch. (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 2001, 77th Leg., ch. 2, eff. Sec. PDF Exhibit A: Standard Possession Order - Texas Law Help Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. The report must be limited to a statement of whether the parenting coordination should continue. Acts 2009, 81st Leg., R.S., Ch. 817), Sec. (2) if the parents are or will be separated, shall appoint at least one managing conservator. (2) through an oral statement made in open court on the record. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). Added by Acts 1995, 74th Leg., ch. September 1, 2013. 153.256. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 421 (S.B. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. EXPEDITED HEARING. SUBCHAPTER I. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (4) the right to direct the moral and religious training of the child. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 153.253. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 153.433. Sec. Sec. September 1, 2009. Sept. 1, 2003. April 20, 1995. September 1, 2007. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. Sept. 1, 2003. June 14, 2019. 9, Sec. 2, eff. (3) the terms and conditions of conservatorship and possession of and access to the child. 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. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 25, eff. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. 99 (S.B. 907 (H.B. 751, Sec. 11, eff. 1252 (H.B. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. (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. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. REBUTTABLE PRESUMPTION. 9, eff. September 1, 2009. (c) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. 9, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 1397, Sec. Acts 2011, 82nd Leg., R.S., Ch. 1036, Sec. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. Amended by Acts 1997, 75th Leg., ch. The Court ORDERS each conservator to obey this Standard Possession Order. 1181 (H.B. 1036, Sec. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 153.602. 153.001. (d) The standard possession order is designed to apply to a child three years of age or older. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. (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. Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. Texas Family Code Sec. Sec. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and. 751, Sec. What Is Extended Summer Possession in Texas? - Law Office of Brett H September 1, 2007. 153.073. 1, eff. 1113 (H.B. 260), Sec. 1167 (S.B. Sec. New Visitation Law in Texas Added 50-Mile Category September 1 If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 1012), Sec. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. 786, Sec. 153.007. September 1, 2019. 751, Sec. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. 2. 153.6061. 845), Sec. Added by Acts 1995, 74th Leg., ch. 555), Sec. 153.313. 20, Sec. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. Acts 2009, 81st Leg., R.S., Ch. 20, eff. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. Sec. 20, Sec. 751, Sec. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. 1289, Sec. 7, eff. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 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, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. 50 miles or less. 1012), Sec. 13, eff. 20, Sec. September 1, 2009. 1012), Sec. DEFINITIONS. April 20, 1995. (c) Public funds may not be used to pay the fees of a parenting coordinator. 751, Sec. 1113 (H.B. 9, eff. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. 4, eff. (c) It is preferable for all children in a family to be together during periods of possession. Acts 2015, 84th Leg., R.S., Ch. 1181, Sec. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or (C) 1 (S.B. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. Acts 2015, 84th Leg., R.S., Ch. PARENTS WHO RESIDE 100 MILES OR LESS APART. The Expanded Standard Possession Order for Child Custody (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. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. Added by Acts 2005, 79th Leg., Ch. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 482 (H.B. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. PARENTS WHO RESIDE OVER 100 MILES APART. 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 . The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting coordination. 967 (S.B. 8, eff. 1449), Sec. 555), Sec. 153.314. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Sec. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 1113 (H.B. 7, eff. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. September 1, 2021. (B) does not give 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 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. 236, Sec. 219), Sec. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. Sec. 1012), Sec. Acts 2017, 85th Leg., R.S., Ch. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. Sec. September 1, 2009. Added by Acts 1995, 74th Leg., ch. Sec. QUALIFICATIONS OF PARENTING COORDINATOR. 1113 (H.B. 153.502. 916 (H.B. Sec. 751, Sec. 555), Sec. 727 (S.B. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. 1181 (H.B. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. 153.003. Acts 2005, 79th Leg., Ch. Sec. 1.043, eff. Standard Possession Order and Parenting Time | Texas Access 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. (13) any other evidence of the best interest of the child. 153.011. 11, eff. Acts 2017, 85th Leg., R.S., Ch. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. 1036, Sec. Sec. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 1150 (S.B. 153.6101. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (a) Subject to the prohibition in Section 153.004, 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. April 20, 1995. 555), Sec. 153.3171. April 20, 1995. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. 1.045, eff. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. September 1, 2009. 421 (S.B. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. September 1, 2013. 550), Sec. September 1, 2005. April 20, 1995. (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. 153.371. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. 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) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 1, eff. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. Texas Family Code - FAM 153.314 | FindLaw Amended by Acts 1997, 75th Leg., ch. September 1, 2009. September 1, 2009. Texas Family Law: Standard Possession Order vs Extended Standard 1 (S.B. REPORT OF PARENTING COORDINATOR. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. COMPENSATION OF PARENTING FACILITATOR. Added by Acts 2021, 87th Leg., R.S., Ch. (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. 153.6051.