(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. (c) The parenting coordinator may not modify any order, judgment, or decree. 1, eff. 781, Sec. (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. Added by Acts 1999, 76th Leg., ch. 20, 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. APPOINTMENT OF PARENTING FACILITATOR. Sept. 1, 2003. 936, Sec. (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. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. September 1, 2009. 9, Sec. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 6, eff. (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. 2, eff. (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. 153.314 Texas Family Code - FAM 153.314. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 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. (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 CONSERVATORSHIP, POSSESSION, AND ACCESS. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Acts 2017, 85th Leg., R.S., Ch. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 153.6082. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 1036, Sec. 1, eff. 1181, Sec. Sec. 1036, Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and any other right or duty expressly granted to the possessory conservator in the order. 1181 (H.B. POSSESSION OF OR ACCESS TO GRANDCHILD. The Court ORDERS that in this Possession Order the conservators are called Parent A and . Sec. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. 2, eff. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. Added by Acts 2009, 81st Leg., R.S., Ch. 261), Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. September 1, 2021. September 1, 2009. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. Sec. 153.611. Acts 2019, 86th Leg., R.S., Ch. 751, 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. 14, eff. Sec. Amended by Acts 1995, 74th Leg., ch. 277 (H.B. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 260), Sec. (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. 153.6031. 949, Sec. 555), Sec. (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. Sept. 1, 2003. April 20, 1995. 261), Sec. (2) incorporated into an order signed by the court. 495), Sec. Acts 2007, 80th Leg., R.S., Ch. REBUTTABLE PRESUMPTION. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. 1113 (H.B. 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. 28, eff. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (3) a final order described by Section 155.001(b). 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. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 358 (H.B. (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. RIGHTS OF PARENT AT ALL TIMES. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. (b) The report may not be admitted in evidence in a subsequent suit. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Acts 2005, 79th Leg., Ch. 99 (S.B. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. 1, eff. Sec. 153.703. Sec. September 1, 2005. Sept. 1, 1999; Acts 2003, 78th Leg., ch. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 20, Sec. EQUAL POSSESSION NOT REQUIRED. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. Sec. 1, eff. 1012), Sec. 3, eff. 19, eff. September 1, 2013. 9, eff. 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. June 17, 2011. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) 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. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search 1404), Sec. Texas Family Code Sec. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. Added by Acts 2005, 79th Leg., Ch. 845), Sec. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. (2) be licensed in good standing as an attorney in this state. 1181 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. Sec. April 20, 1995. Added by Acts 2009, 81st Leg., R.S., Ch. (13) any other evidence of the best interest of the child. 1036, Sec. 1113 (H.B. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. 1113 (H.B. They will not automatically be granted their preferred custody arrangement as the court still must rule . Amended by Acts 1995, 74th Leg., ch. 153.132. 1113 (H.B. (b) The court shall specify in the order the rights that a parent retains at all times. (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. April 2, 2015. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. Sept. 1, 1995. 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. 1012), Sec. 17, eff. April 2, 2015. 153.004. 802, Sec. 1, eff. 2, eff. 751, Sec. 32, eff. September 1, 2011. September 1, 2009. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 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. DUTY TO PROVIDE INFORMATION. (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. 1036, Sec. 153.138. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 1.048, eff. September 1, 2005. 1012), Sec. 845), Sec. 1.047, eff. (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. Sec. 2, eff. Amended by Acts 1999, 76th Leg., ch. 270), Sec. 153.192. June 17, 2011. 484 (H.B. Sec. 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. Designation of Conservators 1012), Sec. 555), Sec. 553), Sec. September 1, 2015. 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. 153.6091. 3203), Sec. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). 1036, Sec. 2, eff. 219), Sec. 20, Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 153.191. Sept. 1, 2003. (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. APPOINTMENT OF POSSESSORY CONSERVATOR. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 1, 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 coordination. 153.3115. Acts 2019, 86th Leg., R.S., Ch. 11(2), eff. Added by Acts 1995, 74th Leg., ch. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Sec. QUALIFICATIONS OF PARENTING COORDINATOR. 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. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 153.071. Acts 2009, 81st Leg., R.S., Ch. (d) The standard possession order is designed to apply to a child three years of age or older. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 1113 (H.B. 896 (H.B. 149), 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. 236, Sec. Sec. Designation of Conservators . September 1, 2007. June 18, 2005. Sec. 219), Sec. 153.003. September 1, 2009. Sec. Amended by Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. (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. Sec. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. April 20, 1995. (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. 10, eff. (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. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. (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. APPOINTMENT OF PARENTING COORDINATOR. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. June 11, 2001. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 817), Sec. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. 153.432. 153.315. 2, eff. 2, eff. 1113 (H.B. 1, eff. September 1, 2021. 261), Sec. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. The report must be limited to a statement of whether the parenting coordination should continue. 555), Sec. TCLL - FM-Chil-306 Standard Possession Order (Rev. Sec. Sept. 1, 1999. 1012), Sec. 2021 Standard Possession Order - Houston Divorce Lawyer 153.373. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. Parenting Time Schedule | Office of the Attorney General 252), Sec. FACTORS FOR COURT TO CONSIDER. 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. April 2, 2015. 1, eff. 153.002. Sec. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 586, Sec. Amended by Acts 1997, 75th Leg., ch. 949, Sec. 1, eff. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. Acts 2007, 80th Leg., R.S., Ch. (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 30, eff. 1.045, eff. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. (2) "Family violence" has the meaning assigned by Section 71.004. Amended by Acts 1995, 74th Leg., ch. 495), Sec. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. Sept. 1, 1997. Acts 2019, 86th Leg., R.S., Ch. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. June 20, 2003. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 1, eff. Sec. 1113 (H.B. 1237), Sec. (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. 8, eff. June 18, 2005. September 1, 2009. MEANS OF TRAVEL. September 1, 2007. Sept. 1, 1999. 153.6051. 33, eff. 1, eff. (c) Public funds may not be used to pay the fees of a parenting coordinator. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 09-2021) Page 1 of 10 Standard Possession Order . If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. 751, Sec. 1041 (H.B. (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. 50 Miles Apart or Less | Office of the Attorney General
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