Acts 2019, 86th Leg., R.S., Ch. 645, Sec. The election may be made: (1) in a written document filed with the court; or. Acts 2013, 83rd Leg., R.S., Ch. REBUTTABLE PRESUMPTION. 153.611. 153.704. Acts 2011, 82nd Leg., R.S., Ch. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. Sec. 153.606. (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. 153.610. 555), Sec. 14, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. Sec. 117 (S.B. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. GENERAL TERMS AND CONDITIONS. (3) a final protective order was rendered against a party. 20, Sec. 270), Sec. Acts 2015, 84th Leg., R.S., Ch. 13, eff. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (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. 20, Sec. 05-9107, June 13, 2005). (d) The standard possession order is designed to apply to a child three years of age or older. 733 (H.B. 153.256. 153.6083. 11, eff. 252), Sec. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. Sec. Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Sept. 1, 1997. Acts 2009, 81st Leg., R.S., Ch. 1.044, eff. 1864), Sec. 1012), Sec. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 1, eff. (c) Public funds may not be used to pay the fees of a parenting coordinator. Sec. Sec. 1237), Sec. Acts 2009, 81st Leg., R.S., Ch. (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. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. SECURITY BOND. Acts 2007, 80th Leg., R.S., Ch. (5) any other agreement between the parties that is approved by a court. Acts 2007, 80th Leg., R.S., Ch. Sec. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 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. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. 3, eff. Sec. 727 (S.B. Sept. 1, 1995. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. An offense under this subsection is a Class C misdemeanor. 153.006. 153.709. ACCESS TO CHILD'S RECORDS. 1864), Sec. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. PARENTS WHO RESIDE 100 MILES OR LESS APART. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. 153.255. 1036, Sec. 682 (H.B. 1113 (H.B. 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) (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. Sec. 2, eff. September 1, 2009. (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. 9, Sec. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Acts 2015, 84th Leg., R.S., Ch. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 153.012. 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. (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. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. 1, eff. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. September 1, 2019. April 20, 1995. 1113 (H.B. 1, eff. 2, eff. Sec. April 20, 1995. 153.253. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 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. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. 1, eff. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 260), Sec. (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. 1012), Sec. 1181 (H.B. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 1036, Sec. 153.076. TCLL - FM-Chil-306 Standard Possession Order (Rev. September 1, 2009. 279), Sec. September 1, 2009. September 1, 2009. 153.376. 20, Sec. 1012), Sec. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. Sec. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) 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; or. 937, Sec. 1193, Sec. Sec. (3-a) "Parenting facilitator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and. 1, eff. Sec. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. 1, eff. 1936), Sec. This subsection does not apply to suits filed under Chapter 262. 896 (H.B. 555), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 7, eff. 967 (S.B. Added by Acts 1995, 74th Leg., ch. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. 153.6101. 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. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. 781, Sec. 2, eff. Amended by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. A record of the interview shall be part of the record in the case. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 1, eff. 1.046, eff. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 936, Sec. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Sept. 1, 2003. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. September 1, 2015. Added by Acts 2009, 81st Leg., R.S., Ch. (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). 219), Sec. Acts 2015, 84th Leg., R.S., Ch. April 20, 1995. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. April 2, 2015. (3) a final order described by Section 155.001(b). 1113 (H.B. 20, Sec. SUIT FOR ACCESS. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. 7, eff. 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: (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. Sec. 3, eff. 153.601. Sec. Sec. September 1, 2007. (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. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. CHILD LESS THAN THREE YEARS OF AGE. (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and any other right or duty expressly granted to the possessory conservator in the order. September 1, 2009. Sept. 1, 1995. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 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. Sec. (2) that the agreement is not in the child's best interest. 20, Sec. 153.001. 1 (S.B. 555), Sec. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. (b) The court shall specify the rights and duties of a person appointed possessory conservator. September 1, 2021. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. 2, eff. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. 751, Sec. 1012), Sec. QUALIFICATIONS OF PARENTING COORDINATOR. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. 1, eff. 1113 (H.B. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. Amended by Acts 2003, 78th Leg., ch. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 3203), Sec. 153.0071. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 1, eff. (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. Designation of Conservators . 1, eff. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1181 (H.B. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. Acts 2007, 80th Leg., R.S., Ch. 4, eff. Designation of Conservators (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. 421 (S.B. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Sec. 2, eff. 33, eff. Added by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. September 1, 2021. 11(2), eff. Acts 2009, 81st Leg., R.S., Ch. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. This is a presumption that may be rebutted if not in the child's best interest. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 20, Sec. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. (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. The report must be limited to a statement of whether the parenting coordination should continue. Sec. June 17, 2011. (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 153.317. 153.005. September 1, 2017. Sec. September 1, 2005. 1.043, eff. 219), 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. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. 34, eff. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. 1113 (H.B. Acts 2005, 79th Leg., Ch. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). 153.6051. April 20, 1995. 153.002. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 153.071. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. (6) has a criminal history or a history of violating court orders. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. 153.074. 219), Sec. 20, Sec. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child.
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