Amended by Acts 1995, 74th Leg., ch. April 20, 1995. 260), Sec. September 1, 2013. (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. 20, Sec. Acts 2009, 81st Leg., R.S., 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. 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. Added by Acts 1995, 74th Leg., ch. September 1, 2009. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. April 20, 1995. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. 153.004. 153.313. 32, eff. June 11, 2001. 153.317. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. (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. 11, eff. 4, eff. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. 153.707. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Added by Acts 1995, 74th Leg., ch. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. 16, eff. 20, Sec. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (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. 9, eff. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 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; and. 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. 495), Sec. 421 (S.B. 1, eff. 30, eff. 26, eff. PARENTS WHO RESIDE 100 MILES OR LESS APART. Sec. 153.009. 25, eff. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. 153.708. 236, Sec. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 31, eff. Acts 2007, 80th Leg., R.S., Ch. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 11, eff. Sec. RIGHTS OF PARENT AT ALL TIMES. 612, Sec. Sept. 1, 1995. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. 2, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2011. DEFINITIONS. 14, eff. 20, Sec. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 5, eff. 1228), Sec. 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. Sec. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 153.611. 11(2), eff. April 2, 2015. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. (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. Acts 2017, 85th Leg., R.S., Ch. 4, eff. 1, eff. Sec. 967 (S.B. Sec. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sec. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. REBUTTABLE PRESUMPTION. Sept. 1, 1995. 1, eff. Sec. 7, eff. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 21, eff. 751, Sec. Amended by Acts 1995, 74th Leg., ch. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Acts 2017, 85th Leg., R.S., Ch. 4, eff. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (c) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the person has possession of the child; and. June 18, 2005. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 1113 (H.B. September 1, 2007. INTERVIEW OF CHILD IN CHAMBERS. 153.314 Texas Family Code - FAM 153.314. September 1, 2005. Added by Acts 1999, 76th Leg., ch. June 17, 2011. 2, eff. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 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. 153.704. April 20, 1995. 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. 1, eff. 153.431. September 1, 2015. 2, eff. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. Sec. 821), Sec. 1237), Sec. April 2, 2015. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. 2, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 153.134. 153.253. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. COMPENSATION OF PARENTING COORDINATOR. 153.709. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. Sec. September 1, 2017. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. An offense under this subsection is a Class C misdemeanor. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 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. (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. Docket No. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. (3) a final order described by Section 155.001(b). April 20, 1995. 907 (H.B. 482 (H.B. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. September 1, 2009. 1012), Sec. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. 1228), Sec. 1113 (H.B. 1252 (H.B. Sec. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . Designation of Conservators . 1. September 1, 2009. 13, eff. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 358 (H.B. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. 1012), Sec. 9, eff. 28, eff. September 1, 2007. April 20, 1995. Sec. 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. (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. April 20, 1995. (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. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Sept. 1, 2003. 23, eff. September 1, 2005. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 16, eff. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html (B) the award of additional periods of possession of or access to the child is in the best interest of the child. 786, Sec. 1113 (H.B. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. 219), Sec. Sept. 1, 1997. Sec. (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.
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