1113 (H.B. 36, eff. (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. 7, 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. (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. 12, eff. 972 (S.B. (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 967 (S.B. Texas Standard Possession Order| New 50-Mile Category [2022] 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. (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. 153.006. 1012), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. (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. Sec. 15, eff. Amended by Acts 1995, 74th Leg., ch. 1, eff. 4, eff. Sec. 1, eff. 1, eff. 153.0071. 1012), Sec. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. September 1, 2013. 1351, Sec. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. (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). (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. Sept. 1, 1995. Added by Acts 2009, 81st Leg., R.S., Ch. 555), Sec. SUBCHAPTER I. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 1, eff. 751, Sec. 153.6082. Acts 2013, 83rd Leg., R.S., Ch. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. 1397, Sec. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. Sec. 20, Sec. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. (2) is in the best interest of the child. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Sept. 1, 1999. Sec. 1.046, eff. Acts 2019, 86th Leg., R.S., Ch. 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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. COMPENSATION OF PARENTING COORDINATOR. 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) (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 1, eff. September 1, 2015. 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. Sec. 555), Sec. Added by Acts 2005, 79th Leg., Ch. 149), Sec. PDF Exhibit A: Standard Possession Order - Texas Law Help 937, Sec. 1.044, eff. Acts 2019, 86th Leg., R.S., Ch. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. (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. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1936), Sec. September 1, 2007. (2) "Family violence" has the meaning assigned by Section 71.004. The Court ORDERS that in this Possession Order the conservators are called Parent A and . April 20, 1995. (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) Repealed by Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. 8, eff. 153.314. APPOINTMENT OF PARENTING FACILITATOR. 421 (S.B. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. (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. (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. 1, eff. Acts 2009, 81st Leg., R.S., Ch. APPOINTMENT OF PARENTING COORDINATOR. 19, eff. 555), Sec. 2, eff. Acts 2007, 80th Leg., R.S., Ch. 153.607. September 1, 2017. 1012), Sec. (2) incorporated into an order signed by the court. 32, eff. Sept. 1, 2003. Sec. ENFORCEMENT. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. Sec. SUBCHAPTER B. 1181 (H.B. (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. Sec. 13, eff. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 916 (H.B. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995. 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. 1 (S.B. June 20, 2003. Sec. 1, eff. 20, Sec. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (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. They will not automatically be granted their preferred custody arrangement as the court still must rule . Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. April 2, 2015. 1, eff. 577, Sec. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. September 1, 2007. (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. 4, eff. 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. Added by Acts 2021, 87th Leg., R.S., Ch. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 112 (H.B. 99 (S.B. 555), Sec. (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. 112 (H.B. Texas Family Code Section 153.317 - Alternative Beginning and Ending Aug. 30, 1999; Acts 1999, 76th Leg., ch. 153.314 Texas Family Code - FAM 153.314. 28, eff. 1012), Sec. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or. Added by Acts 1995, 74th Leg., ch. 153.6091. 1036, Sec. Sec. 733 (H.B. (b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. 20, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. 10, eff. (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. April 20, 1995. 682 (H.B. September 1, 2007. 3, eff. (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. 1.045, eff. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. 1, eff. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. September 1, 2005. (b) The court may not appoint a parenting coordinator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting coordinator and the appointment is in the best interest of any minor child in the suit; and. (d) 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. April 20, 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. 1113 (H.B. 153.6102. 38, eff. 786, Sec. 153.014. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 1289, Sec. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. (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. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 1012), Sec. 1113 (H.B. 260), Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 787, Sec. 751, Sec. 153.010. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. 31, eff. (C) maintain possession of the child's passport. 153.074. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 2, eff. (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. The Expanded Standard Possession Order for Child Custody September 1, 2021. September 1, 2009. 153.373. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. 10, eff. 421 (S.B. 153.072. Sept. 1, 1997. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 10, eff. (2) be licensed in good standing as an attorney in this state. (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. (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. September 1, 2005. September 1, 2005. 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. 1, eff. September 1, 2009. 555), Sec. 153.372. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. September 1, 2013. September 1, 2007. 3, eff. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 2, eff. 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. September 1, 2017. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 1036, Sec. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed 261), Sec. Sec. 751, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. September 1, 2009. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. 1012), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1, eff. 550), Sec. (3) "Parenting coordinator" 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 153.606 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 confidential procedures; and. 153.133. 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. Custody & Visitation - Child Custody and Support - Guides at Texas (6) has a criminal history or a history of violating court orders. What Exactly is a Standard Possession Order - McNamara Law Office 27, eff. The standard possession order options available to parents can change based on how far you live from one another. Sec. April 20, 1995. from the primary residence of the child/ren. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 153.503. 20, Sec. Sec. Sec. (2) if the parents are or will be separated, shall appoint at least one managing conservator. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion.
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