BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . (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. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 153.013. (c) The parenting coordinator may not modify any order, judgment, or decree. Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 20, Sec. Sept. 1, 1997. Sept. 1, 2003. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 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. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. 751, Sec. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 786, Sec. 1113 (H.B. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. 10, eff. 1036, Sec. September 1, 2009. April 20, 1995. TCLL - FM-Chil-306 Standard Possession Order (Rev. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 421 (S.B. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. Sept. 1, 2003. 1012), Sec. Sec. TEMPORARY ORDERS. Acts 2007, 80th Leg., R.S., Ch. Sec. 9, Sec. 31, eff. Sec. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. 1, eff. 1181 (H.B. Sept. 1, 1997. Sec. Sec. 1252 (H.B. 949, Sec. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. 645, Sec. 1864), Sec. 1113 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1181 (H.B. (13) any other evidence of the best interest of the child. Acts 2005, 79th Leg., Ch. The term does not include National Guard or Reserve annual training. 1, eff. June 15, 2007. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 153.607. (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). 421 (S.B. Added by Acts 1995, 74th Leg., ch. (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. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. 11(2), eff. Sec. 2, eff. 1012), Sec. 967 (S.B. 25, eff. 153.503. Acts 2015, 84th Leg., R.S., Ch. 1936), Sec. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. Sec. Acts 2007, 80th Leg., R.S., Ch. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 1113 (H.B. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. (c) Public funds may not be used to pay the fees of a parenting coordinator. 1156 (H.B. Acts 2005, 79th Leg., Ch. 149), Sec. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. April 20, 1995. 26, eff. Sec. September 1, 2021. Added by Acts 2003, 78th Leg., ch. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. 153.074. Added by Acts 1999, 76th Leg., ch. Sec. 20, Sec. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. 5, eff. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 2, eff. 13, eff. (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. 2, eff. 3145), Sec. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. September 1, 2021. 2, eff. 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, 2009. September 1, 2007. 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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 153.501. 7, eff. September 1, 2021. 20, Sec. 1936), Sec. Sec. 817), Sec. 153.311. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Sec. 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. Sec. 751, Sec. 484 (H.B. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 1, eff. 1, eff. (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. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 774, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. 153.134. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. 1181 (H.B. 3, eff. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). (d) The standard possession order is designed to apply to a child three years of age or older. 2, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. (3) any other factor the court considers appropriate. 153.701. (b) The court shall specify in the order the rights that a parent retains at all times. Added by Acts 1995, 74th Leg., ch. Sec. 1012), Sec. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. 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. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. 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. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 19, 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 of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 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 even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) 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 entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and. September 1, 2009. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 6, eff. 1, eff. 14, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. September 1, 2009. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. (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. Sec. Amended by Acts 1999, 76th Leg., ch. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Sec. (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. (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. June 15, 2007. 153.3171. (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. 153.6082. 18, eff. 2. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. September 1, 2017. September 1, 2005. 1, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. September 1, 2011. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. Added by Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 20, eff. BEST INTEREST OF CHILD. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Sept. 1, 1997. (4) the right to direct the moral and religious training of the child. 555), Sec. Amended by Acts 1999, 76th Leg., ch. September 1, 2007. September 1, 2009. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 153.253. 484 (H.B. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. Amended by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (2) that the agreement is not in the child's best interest. 482 (H.B. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. (2) provides that the child's primary residence shall be within a specified geographic area. 555), Sec. 1, eff. 1012), Sec. Designation of Conservators . 153.014. Acts 2009, 81st Leg., R.S., Ch. QUALIFICATIONS OF PARENTING COORDINATOR. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. SUBCHAPTER I. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. Added by Acts 2009, 81st Leg., R.S., Ch. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 916 (H.B. COURT-ORDERED JOINT CONSERVATORSHIP. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 1113 (H.B. 153.6091. Added by Acts 1995, 74th Leg., ch. A record of the interview shall be part of the record in the case. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. 20, Sec. 153.608. 50 miles or less. 896 (H.B. CHILD LESS THAN THREE YEARS OF AGE. 3.01, eff. Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. 1036, Sec. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. Sec. 3, eff. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. 252), Sec. (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. 37, eff. Acts 2011, 82nd Leg., R.S., Ch. (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. September 1, 2015. The Court ORDERS that this Modified 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 Modified Possession Order is attached. Acts 2005, 79th Leg., Ch. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 14, eff. 1864), Sec. Added by Acts 2001, 77th Leg., ch. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. 1. 1113 (H.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. Added by Acts 2021, 87th Leg., R.S., Ch. 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. (2) incorporated into an order signed by the court. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday 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 Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday.
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