1, eff. 3.01, eff. 561, Sec. ALTERNATE DISPUTE RESOLUTION PROCEDURES. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. September 1, 2007. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 12, eff. 153.607. Sec. (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. 1, eff. Sec. Sec. (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. (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. 1012), Sec. 1, eff. 2, eff. 05-9107, June 13, 2005). In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. 10, eff. 153.258. 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. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1012), Sec. 1193, Sec. (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). 153.0071. 153.132. 967 (S.B. 1036, Sec. 153.256. 1088 (S.B. 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 facilitation. 23, eff. 484 (H.B. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (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. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). September 1, 2009. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 1113 (H.B. 9, Sec. PDF Modified Possession and Access Order - Texas Law Help April 2, 2015. June 14, 2019. 1, eff. 20, Sec. Designation of Conservators . 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 2015, 84th Leg., R.S., Ch. June 17, 2011. September 1, 2007. PDF Standard Possession Order - Texas Law Help (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. (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 1995, 74th Leg., ch. (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. (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. ENFORCEMENT. SUBCHAPTER I. 50 Miles Apart or Less | Office of the Attorney General (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. 1181 (H.B. 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. (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. 1012), Sec. 1936), Sec. September 1, 2009. Acts 2005, 79th Leg., Ch. 219), Sec. September 1, 2007. 555), Sec. 20, Sec. 733 (H.B. 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. September 1, 2005. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 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. 153.005. 1.044, eff. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Sec. Sec. 1012), Sec. Sec. September 1, 2017. (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. 260), Sec. April 20, 1995. BEST INTEREST OF CHILD. 7, eff. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. Amended by Acts 1995, 74th Leg., ch. (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. 153.191. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 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; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. 153.3171. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 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. (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. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. (2) provides that the child's primary residence shall be within a specified geographic area. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). 1012), Sec. (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. 153.709. Added by Acts 2005, 79th Leg., Ch. 4, eff. Sept. 1, 1995. Sept. 1, 1997. April 20, 1995. (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. September 1, 2013. September 1, 2011. April 20, 1995. September 1, 2019. Sec. 153.013. 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. 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. CHILD LESS THAN THREE YEARS OF AGE. 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. Acts 2009, 81st Leg., R.S., Ch. (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. 1, eff. 228), Sec. 1, eff. 1, eff. 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. 86 (S.B. Added by Acts 2009, 81st Leg., R.S., 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. Acts 2019, 86th Leg., R.S., Ch. 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. (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. Sec. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. Sept. 1, 1999. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. April 20, 1995. Sec. 1012), Sec. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. (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. 586, Sec. Added by Acts 2005, 79th Leg., Ch. Sec. Amended by Acts 1999, 76th Leg., ch. April 20, 1995. (a) If the conservator without 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 award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. 1. 20, Sec. 2, eff. 7, eff. After an objection is filed, the suit may not be referred to mediation 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. New Visitation Law in Texas Added 50-Mile Category September 1 (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 153.372. 28, eff. Acts 2005, 79th Leg., Ch. (b) A grandparent may request possession of or access to a grandchild in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. (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. Sec. April 2, 2015. 2, eff. Sec. September 1, 2018. The election may be made: (1) in a written document filed with the court; or. 1012), Sec. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 495), Sec. Sec. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. April 20, 1995. (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. (c) Public funds may not be used to pay the fees of a parenting coordinator. 1181 (H.B. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 1289, Sec. September 1, 2021. 1113 (H.B. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 153.503. Sec. 153.6051. (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. The agreement must state whether the arbitration is binding or non-binding. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. (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. 153.6071. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 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, eff. September 1, 2017. Amended by Acts 1997, 75th Leg., ch. 1, eff. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. Sec. 1 (S.B. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. 153.133. 2023 Texas Standard Possession Order for Parents and Children RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 1, eff. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Sept. 1, 1997. 1181 (H.B. Sec. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. Sept. 1, 1995. 936, Sec. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. 153.251. 1, eff. September 1, 2009. 5, eff. April 20, 1995. (2) that the agreement is not in the child's best interest. Amended by Acts 1995, 74th Leg., ch. SUBCHAPTER B. 38, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 86(R) HB 1807 - House Committee Report version - Texas Understanding the Texas Standard Possession Order (SPO) and Expanded (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. 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. 972 (S.B. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1012), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 1397, Sec. Added by Acts 2003, 78th Leg., ch. Sec. The court shall set the amount and condition the bond or security on compliance with the order. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. 4, eff. Added by Acts 2009, 81st Leg., R.S., Ch. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 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. (2) if the parents are or will be separated, shall appoint at least one managing conservator. September 1, 2017. Acts 2005, 79th Leg., Ch. COMPENSATION OF PARENTING FACILITATOR. 1036, Sec. 3203), Sec. 252), Sec. 9, eff. 20, Sec. 751, Sec. 112 (H.B. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 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 managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning 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; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. Acts 2015, 84th Leg., R.S., Ch. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. Amended by Acts 1999, 76th Leg., ch. (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. (C) for any other reason the court considers relevant. Acts 2011, 82nd Leg., R.S., Ch. (3) the terms and conditions of conservatorship and possession of and access to the child. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Sec. 787, Sec. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 3, eff. 949, Sec. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 20, Sec. 1237), Sec. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 1041 (H.B. Sec. 99 (S.B. 751, Sec. April 2, 2015. April 20, 1995. 12(1), eff. 18, eff. 1113 (H.B. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. 1 (S.B. (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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