20, Sec. 896 (H.B. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 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. They will not automatically be granted their preferred custody arrangement as the court still must rule . VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. September 1, 2009. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 484 (H.B. 1036, Sec. 1, eff. Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . (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. 7, eff. April 2, 2015. September 1, 2017. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 1252 (H.B. 1012), Sec. (3) any other factor the court considers appropriate. 153.431. 153.005. 11(2), eff. Sec. 153.6071. 751, Sec. 3, eff. 20, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. 1, eff. 9, eff. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. (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. 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. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Sept. 1, 2003. 153.705. (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. June 17, 2011. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. Sec. September 1, 2009. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 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. (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. 153.076. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 20, Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (B) any other method of voluntary dispute resolution. (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. 153.610. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. Amended by Acts 1997, 75th Leg., ch. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(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, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or. 2, eff. (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. September 1, 2007. 12, eff. 751, Sec. DEFINITIONS. 153.014. 1012), Sec. April 20, 1995. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. September 1, 2011. 153.503. Amended by Acts 1995, 74th Leg., ch. (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. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. Sec. Sept. 1, 2003. September 1, 2005. 1181 (H.B. (c) The parenting coordinator may not modify any order, judgment, or decree. Holiday Possession Unaffected by Distance Parents Reside Apart 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. 236, Sec. 153.311. 153.255. DUTY TO PROVIDE INFORMATION. 1449), Sec. Acts 2009, 81st Leg., R.S., Ch. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. April 20, 1995. 1113 (H.B. 1 (S.B. 1113 (H.B. 20, Sec. 1012), Sec. April 20, 1995. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. 5, eff. 15, eff. 1113 (H.B. 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. 153.434. September 1, 2005. Sec. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 1, eff. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 219), Sec. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 1, eff. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. REPORT OF PARENTING COORDINATOR. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. (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. 1, eff. 1181 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 153.006. Sept. 1, 1997. (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. 2, eff. September 1, 2021. 260), Sec. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. Sept. 1, 1997. 5, eff. 733 (H.B. 2, eff. Amended by Acts 1999, 76th Leg., ch. 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. 20, Sec. Added by Acts 2005, 79th Leg., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 1012), Sec. Texas Family Code - FAM 153.314 | FindLaw 751, Sec. 751, Sec. 2, eff. (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. Added by Acts 1995, 74th Leg., ch. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. (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. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 751, Sec. September 1, 2013. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 153.603. 1012), Sec. Sec. Amended by Acts 1995, 74th Leg., ch. (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. ABDUCTION PREVENTION MEASURES. Sec. Amended by Acts 1995, 74th Leg., ch. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. Amended by Acts 1997, 75th Leg., ch. 7, eff. 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. 645, Sec. Sept. 1, 1999. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. (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. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 153.313. 1181 (H.B. Acts 2015, 84th Leg., R.S., Ch. (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. PDF Exhibit A: Standard Possession Order - Texas Law Help 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. This subsection does not apply to suits filed under Chapter 262. 153.6091. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. (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. 219), Sec. 153.138. 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. 10, eff. 421 (S.B. Acts 2015, 84th Leg., R.S., Ch. PUBLIC POLICY. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1041 (H.B. Added by Acts 1995, 74th Leg., ch. 153.6102. 12, eff. This is a presumption that may be rebutted if not in the child's best interest. 153.315. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 1, eff. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Acts 2005, 79th Leg., Ch. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. Sec. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 1113 (H.B. 1113 (H.B. 751, 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. Amended by Acts 1995, 74th Leg., ch. September 1, 2009. PARENTS WHO RESIDE OVER 100 MILES APART. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. 1.044, eff. 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. 1, eff. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 845), Sec. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. (5) any other agreement between the parties that is approved by a court. (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. April 20, 1995. POSSESSION OF OR ACCESS TO GRANDCHILD. 153.0071. 5, eff. 7, eff. 1036, Sec. 20, Sec. 421 (S.B. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. Sec. Sept. 1, 2003. April 2, 2015. September 1, 2007. 555), Sec. 550), Sec. Sec. 1237), Sec. 153.071. 20, Sec. SUBCHAPTER B. ENFORCEMENT. September 1, 2009. September 1, 2015. 555), Sec. 8, eff. 153.3115. Sec. PDF Exhibit A: Standard Possession Order - Texas Law Help Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 421 (S.B. 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. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). MEANS OF TRAVEL. September 1, 2009. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 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. Acts 2011, 82nd Leg., R.S., Ch. PDF Exhibit: Standard Possession (Visitation) and Access Order Acts 2007, 80th Leg., R.S., Ch. 25, eff. 751, Sec. Amended by Acts 1997, 75th Leg., ch. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion.
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